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The Tax PublishersITA No. 1217/Kol/2019
2020 TaxPub(DT) 5387 (Kol-Trib)INCOME TAX ACT, 1961
Section 153A
Assessee's assessment framed under section 153A required to be quashed as it did not involve any incriminating material found or seized during the course of the search.
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Search and seizure - Assessment under section 153A - Addition not based on any increminating material found during search -
Assessee filed appeal against the order of assessment framed under section 153A on the ground that the impugned assessments in assessee's case does not involve any seized material. Held: Relying on CIT v. Kabul Chawla [(2016) 380 ITR 573 (Del-HC) : 2015 TaxPub(DT) 3486 (Del-HC)], assessment under section 153A involving unabated proceedings has to be based on incriminating material found or seized during the course of the search in question. Both the lower authorities had erred in law and on facts in framing the impugned assessments in assessee's case not involving any seized material. The same was therefore quashed.
Followed:CIT v. Kabul Chawla (2016) 380 ITR 573 (Del-HC) : 2015 TaxPub(DT) 3486 (Del-HC)].
REFERRED :
FAVOUR : In assessee's favour.
A.Y. : 2011-12
INCOME TAX ACT, 1961
Section 68
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