The Tax Publishers2019 TaxPub(DT) 2413 (Del-Trib)

INCOME TAX ACT, 1961

Section 153A

In the absence of incriminating material found during search, addition based on pre-search verification or post-search enquiries and statements recorded under section 132(4) could not be sustained and that too, when assessment for the year under consideration remained unabated as on the date of search and further statements recorded under section 132(4) did not relate to assessee.

Search and seizure - Assessment under section 153A - No incriminating material found during search -

AO pursuant to search conducted at assessee's premises framed assessment under section 153A and made addition under section 68 based on pre-search verification or post-search enquiries and statements recorded under section 132(4). Assessee's case was that no incriminating material was discovered during search. Held: In the absence of incriminating material found during search, addition based on pre-search verification or post-search enquiries and statements recorded under section 132(4) could not be sustained and that too, when assessment for the year under consideration remained unabated as on the date of search and further statements recorded under section 132(4) did not relate to assessee.

Relied: Moon Beverages Ltd. v. Asstt. CIT 2018-TIOL-1159, Order, dated 7-6-2018 : 2018 TaxPub(DT) 3657 (Del-Trib).

REFERRED : CIT v. Kabul Chawla (2016) 380 ITR 573 (Del) : 2015 TaxPub(DT) 3486 (Del-HC), CIT v. Meeta Gutgutia (2017) 395 ITR 526 (Del) : 2017 TaxPub(DT) 1767 (Del-HC), CIT v. Harjeev Aggarwal (2016) 290 CTR 263 (Del) : 2016 TaxPub(DT) 1836 (Del-HC) and CIT v. Best Infrastructure (India) (P) Ltd. (2017) 397 ITR 82 (Del) : 2017 TaxPub(DT). 3839 (Del-HC)

FAVOUR : In assessee's favour.

A.Y. : 2009-10


INCOME TAX ACT, 1961

Section 153A

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