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| The Tax Publishers2019 TaxPub(DT) 5948 (Raj-HC) INCOME TAX ACT, 1961
Section 153A
Since no incriminating material was unearthed by AO during the course of search operation under section 132, therefore no addition could be made during the relevant assessment year under section 153A by reopening the assessment on the matter, which was examined earlier during original assessment.
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Search and seizure - Assessment under section 153A - Addition made pursuant to search operation on the same subject matter, which was examined during original assessment - Validity of
Assessment of assessee was originally concluded under section 143(3). Consequent to search operation conducted on assessee, AO made addition by reopening the assessment under section 153A. Held: Since no incriminating material was unearthed by AO during the course of search operation under section 132, therefore, no addition could be made during the relevant assessment year under section 153A by reopening the assessment on the matter, which was examined earlier during original assessment concluded under section 143(3).
REFERRED : CIT v. Kabul Chawla (2015) 380 ITR 573 (Del) : 2015 TaxPub(DT) 3486 (Del-HC)
FAVOUR : In assessee's favour
A.Y. :
IN THE RAJASTHAN HIGH COURT
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