2023 (11) TMI 1051 - SCH - Income Tax

Assessment u/s 153A - incriminating documents or materials found and seized at the time of search or not? - As decided by HC 2022 (11) TMI 628 - DELHI HIGH COURT where the assessment has attained finality prior to the date of search and no incriminating documents or materials had been found and seized at the time of search, no addition could be made u/s 153A as the cases of the Respondents were of non-abated assessment. HELD THAT - In view of the decision of this Court in the case of Principal Commissioner of Income Tax, Central-3 v. Abhisar Buildwell P.Ltd. 2023 2023 (4) TMI 1056 - SUPREME COURT wherein held that in case no incriminating material is unearthed during the search, the AO cannot assess or reassess taking into consideration the other material in respect of completed assessments/unabated assessments - no case is made out for interference. SLP dismissed.

Summary

The Supreme Court dismissed the Special Leave Petition citing a previous decision in the case of Principal Commissioner of Income Tax, Central-3 v. Abhisar Buildwell P.Ltd. 2023 SCC OnLine SC 481. The delay was condoned, and the pending application was disposed of.