The Tax Publishers2020 TaxPub(DT) 5198 (Ahd-Trib)

INCOME TAX ACT, 1961

Section 153A

Where regular assessment for the year under consideration remained unabated as on date of search, same could not be interfered with while framing section 153A assessment, in the absence of incriminating material discovered during search.

Search and seizure - Assessment under section 153A - 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 under section 68. Assessee challenged this on the ground of no incriminating material found during search. Held: Regular assessment for the year under consideration remained unabated as on date of search and, therefore, same could not be interfered with while framing section 153A assessment, in the absence of incriminating material discovered during search.

Followed:CIT v. Continental Warehousing Corporation (2015) 58 taxmann.com 78 (Bom-HC) : 2015 TaxPub(DT) 2182 (Bom-HC) and CIT v. Kabul Chawla (2015) 93 CCH 210 (Del) : 2015 TaxPub(DT) 3486 (Del-HC).

REFERRED :

FAVOUR : In assessee's favour.

A.Y. : 2009-10 & 2010-11



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