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| The Tax Publishers2021 TaxPub(DT) 2668 (Kol-Trib) INCOME TAX ACT, 1961
Section 153A
Since 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 when no incriminating material was found or seized during the course of search.
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Search and seizure - Assessment under section 153A - AO made addition without incriminating material found during search - Unabated assessment
AO pursuant to search conducted at assessee's premises framed assessment under section 153A and made addition relying on seized material ID Mark SFGO/9. Assessee argued that this was not incriminating material.Held: An examination of concerned document demonstrates that same was not incriminating material. as it was official documents forming part of the official record and books of account of the assessee and since 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 when no incriminating material was found or seized during the course of search.
Relied:Pr. CIT v. Meeta Gutgutia (2017) 395 ITR 526 (Del) : 2017 TaxPub(DT) 1767 (Del-HC) and CIT v. Veerparabhu Marketing Limited (2016) 73 Taxmann.com 149 (Cal).
REFERRED :
FAVOUR : In assessee's favour.
A.Y. : 2012-13
IN THE ITAT, KOLKATA BENCH
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