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| The Tax Publishers2021 TaxPub(DT) 5947 (Luck-Trib) INCOME TAX ACT, 1961
Section 153A
Post-search statements recorded under section 133A could not be considered as incriminating material found during search and as regular assessment from 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 in the absence of incriminating materials found during search.
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Search and seizure - Assessment under section 153A - AO made addition based on post-search statement recorded under section 133A - 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 based on statements recorded under section 133A of Santosh Chaudhary and Virendra Kumar Keshri on 28-4-2016, i.e., subsequent to Search operation and during a Survey under section 133A operation conducted on the premise of Aniruddh Motor & General Finance (P) Ltd., and Fantastic Merchandise (P) Ltd. Held: Post-search statements recorded under section 133A could not be considered as incriminating material found during search and as regular assessment from 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 in the absence of incriminating materials found during search.
Followed:Pr. CIT, Central IT, New Delhi v. Meeta Gutgutia (2018) 96 Taxmann.com 468 (SC) : 2018 TaxPub(DT) 4130 (SC), Pr. CIT, Central-2, New Delhi v. Meeta Gutgutia (2017) 82 taxmann.com 287 (Delhi) : 2017 TaxPub(DT) 1767 (Del-HC) and CIT (Central)-III v. Kabul Chawla (2015) 234 Taxman 300 (Del-HC) : 2015 TaxPub(DT) 3486 (Del-HC).
REFERRED :
FAVOUR : In assessee's favour.
A.Y. : 2014-15
IN THE ITAT, LUCKNOW BENCH
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