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| The Tax Publishers2020 TaxPub(DT) 4371 (Ahd-Trib) INCOME TAX ACT, 1961
Section 153A
As regular assessment for the year under consideration remained unabated as on date of search, therefore, same could not be interfered with while framing search assessment under section 153A owing to absence of any incriminating material or evidence deduced as a result of search.
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Search and seizure - Assessment under section 153A - No incriminating material discovered during search - Unabated assessment
AO, pursuant to search conducted at assessee's premises, framed assessment under section 153A and made additions/disallowances. Assessee contended that additions/disallowances made by AO had no nexus, whatsoever, with any material of incriminating nature found in the course of search. Held: As regular assessment for the year under consideration remained unabated as on date of search, therefore, same could not be interfered with while framing search assessment under section 153A. Therefore, owing to absence of any incriminating material or evidence deduced as a result of search. additions/disallowances made by AO were deleted.
Relied:Pr.CIT v. Saumya Construction (P) Ltd. 92016) 387 ITR 529 (Guj) : 2016 TaxPub(DT) 3466 (Guj-HC).
REFERRED :
FAVOUR : In assessee's favour.
A.Y. : 2014-15
IN THE ITAT, AHMEDABAD BENCH
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