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| The Tax Publishers2019 TaxPub(DT) 0056 (Del-Trib) INCOME TAX ACT, 1961
Section 153A
Completed assessment could not be interfered with while framing assessment under section 153A in the absence of incriminating material found during search.
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Search and seizure - Assessment under section 153A - No incriminating material found -
AO pursuant to search conducted at assessee's premises framed assessment under section 153A and made addition under section 68 towards unexplained cash credits. Assessee's case was that assessment for the year under consideration remained unabated as on the date of search and no incriminating document was found during the course of search so as to make addition under section 68.Held: Admittedly, no-incriminating material was found in respect of assessment years under consideration, therefore, completed assessment could not be interfered with while framing assessment under section 153A. Therefore, addition made by AO was deleted.
Relied:CIT (Central)-III v. Kabul Chawla (2016) 380 ITR 573 (Del-HC) : 2015 TaxPub(DT) 3486 (Del-HC).
REFERRED :
FAVOUR : In assessee's favour.
A.Y. : 2006-07
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