The Tax Publishers2021 TaxPub(DT) 0321 (Del-Trib) : (2021) 085 ITR (Trib) 0413

INCOME TAX ACT, 1961

Section 153A

Assessment under section 143(3) was pending and same was abated due to search action under section 132 and, therefore, AO was justified in considering the disallowance other than based on incriminating materials found and seized during the course of the search.

Search and seizure - Assessment under section 153A - No incriminating material found during search - Scrutiny assessment pending-- Disallowance other than based on incriminating materials found and seized during the course of the search

AO pursuant to search and seizure carried out at the premises of assessee framed assessment under section 153A and disallowed deduction under section 10B. Assessee challenged this on the ground of no incriminating material found during search. Held: Assessment under section 143(3) was pending and same was abated due to search action under section 132 and, therefore, AO was justified in considering the disallowance other than based on incriminating materials found and seized during the course of the search.

REFERRED :

FAVOUR : Against the assessee.

A.Y. : 2010-11


INCOME TAX ACT, 1961

Section 10B

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