2017 (2) TMI 1198 - HC - Income Tax

Validity of the Search Assessment completed under Section 153A - Held that - After completion of the search the Assessee was issued notice under Section 153A of the Act. The assessment resulted in addition of amounts under the head Long Term Capital Gains . The Assessee successfully contended before the ITAT that the additions were untenable because they were not based upon any material seized during the search. The ITAT upheld the additions applying the ratio of the decision of this Court in Commissioner of Income Tax vs. Kabul Chawla 2015 (9) TMI 80 - DELHI HIGH COURT .

Summary

The Delhi High Court dismissed the Revenue's appeal against an ITAT order upholding the Assessee's objection to the validity of a Search Assessment under Section 153A of the Income Tax Act. The ITAT added amounts under "Long Term Capital Gains" without material seized during the search, following the decision in Commissioner of Income Tax vs. Kabul Chawla. No substantial question of law arose, so the appeal was dismissed.