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The Tax PublishersI T (SS) A Nos. 89, 413 & 414, 415/LKW/2019
2021 TaxPub(DT) 3828 (Luck-Trib)INCOME TAX ACT, 1961
Section 153A
Regular assessment which remained unabated as on date of search could not be interfered with while framing search assessment in the absence of incriminating material unearthed during search.
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Search and seizure - Assessment under section 153A - No incriminating material found during search - Unabated assessment
AO, pursuant to search conducted at assessee's premises, framed assessment under section 153A and made addition on the basis of entries in the books of account. Assessee challenged this on the ground of no incriminating material found during search. Held: Assessment for the year under consideration remained unabated as on date of search, therefore, same could not be interfered with while framing search assessment in the absence of incriminating material unearthed during search.
Relied:CIT v. Sinhgad Technical Education Society (2017) 397 ITR 344 (SC) : 2017 TaxPub(DT) 3941 (SC), CIT v. Kabul Chawla (2016) 380 ITR 573 (Delhi) : 2015 TaxPub(DT) 3486 (Del-HC), CIT v. Deepak Kumar Agarwal (2017) 251 Taxmon 22 (Bom.) : 2017 TaxPub(DT) 4400 (Bom-HC), CIT v. Vikas Sutgutia (2017) 396 ITR 691 (Del.) : 2017 TaxPub(DT) 3995 (Del-HC), CIT v. Bevangi (2017) 394 ITR 184 (Suj.) : 2017 TaxPub(DT) 1376 (Guj-HC), Pr. CIT v. Meeta Gultutia (2017) 395 ITR 526 : 2017 TaxPub(DT) 1767 (Del-HC).
REFERRED :
FAVOUR : In assessee favour.
A.Y. :
IN THE ITAT, LUCKNOW BENCH
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