2018 (2) TMI 2069 - HC - Income Tax

Assessment u/s 153A - Whether any incriminating material seized or discovered during the search? - HELD THAT - In these appeals by the Revenue the Income Tax Appellate Tribunal directed that the amounts brought to tax by the Revenue Authorities in search assessments completed under Section 153A of the Income Tax Act 1961 could not be sustained because the additions were not based upon any incriminating material seized or discovered during the search. In so concluding the ITAT followed the ruling of this Court in the case of Commissioner of Income Tax vs. Kabul Chawla 2015 (9) TMI 80 - DELHI HIGH COURT . Hence no question of law arises. Appeal dismissed.

Summary

The Delhi High Court dismissed the appeals by the Revenue regarding search assessments under Section 153A of the Income Tax Act, 1961. The court upheld the ITAT's decision that additions to tax were not based on incriminating material seized during the search, following the precedent set in Commissioner of Income Tax vs. Kabul Chawla. No question of law arose.