2018 (3) TMI 1953 - HC - Income Tax

Assessment u/s 153A - Whether any incriminating material seized or discovered during the search? - Whether the Tribunal fell into error in disallowing of interest and making addition in completed assessment of the assessee/respondent? - HELD THAT - CIT(A) and the ITAT in the present case were of the opinion that in the absence of any incriminating material seized in the course of search operations the AO could not have brought to tax the amounts that were already disclosed and part of the record. The lower appellate authorities relied upon 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 Revenue's appeal regarding the disallowance of interest and addition in the completed assessment of the assessee. The Tribunal, CIT(A), and ITAT agreed that without incriminating material seized during search operations, the AO could not tax disclosed amounts. The decision referenced Commissioner of Income Tax vs. Kabul Chawla.