The Tax Publishers2021 TaxPub(DT) 4561 (Del-Trib)

INCOME TAX ACT, 1961

Section 153A

As regular assessments stood concluded as on date of search, therefore, same could not be interfered with while framing search assessment even based on incriminating material found during search but pertaining to some other year.

Search and seizure - Assessment under section 153A - No incriminating material found during search for the concerned year - Concluded assessment-AO made addition based on incriminating material pertaining to another year

AO, pursuant to search conducted at assessee's premises, framed assessment under section 153A and made addition on account of suppressed gross profit for assessment year 2005-06 to assessment year 2009-10. Assessee challenged this on the ground that no incriminating material was found during search for the concerned years and assessments for those years remained unabated as on date of search. Held: AO had not referred to the seized material for assessment years 2005-06 to assessment year 2008-09, which was found during the course of search. As regular assessments for those years stood concluded as on date of search, therefore, same could not be interfered with while framing search assessment even based on incriminating material found during search but pertaining to some other year.

Relied:CIT v. Kabul Chawla (2015) 61 Taxmann.com 412 (Del-HC) : 2015 TaxPub(DT) 3486 (Del-HC), Principle CIT v. Mita Gutgutia (2017) 82 taxmann.com 287 (Del) : 2017 TaxPub(DT) 1767 (Del-HC) and CIT v. Sinhgad Technical Education Society (2017) 84 Taxmann.com 290 (SC) : 2017 TaxPub(DT) 3941 (SC).

REFERRED :

FAVOUR : In assessee's favour.

A.Y. : 2005-06



IN THE ITAT, DELHI BENCH

SUBSCRIBE TaxPublishers.inSUBSCRIBE FOR FULL CONTENT

TaxPublishers.in

'Kedarnath', 7, Avadh Vihar, Near Nirali Dhani,

Chopasni Road

Jodhpur - 342 008 (Rajasthan) INDIA

Phones : 9785602619 (11 am - 5 pm)

E-Mail : mail@taxpublishers.in / mail.taxpublishers@gmail.com