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TMI Blog2021 (7) TMI 922X X X X Extracts X X X X X X X X Extracts X X X X ..... spondent Through : Mr. Ved Jain and Ms. Richa Mishra, Advs. MANMOHAN, J. (Oral) 1. The hearing has been conducted through video conferencing. 2. The present appeal under Section 260A is directed against the order dated 05th September, 2019 passed by Income Tax Appellate Tribunal, in ITA No. 4264/Del/2016 for the Assessment Year 2009-10 whereby the appeal of the Revenue has been dismissed. 3. B ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... odifications done by M/s Jaypee Capital Services Ltd. and Futurz Next Services Ltd, companies registered with NSE, MCX, and NCDEX and United Stock Exchange. A Special Auditor was appointed u/s 142(2A) and directed to file a report on the aspect of Client Code Modifications done by the afore-noted companies as well the assessee company. On the basis of the Auditor Report and the response of the ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t laid down in CIT Vs. Kabul Chawla, 2015 SCC OnLine Del 11554, held that no assessment/reassessment proceedings were pending on 30.03.2012 when search action took place and hence no assessment was abated. The addition made by the AO is not based on any incriminating document/seized material found during the course of search and seizure action u/s 132 of the Act and accordingly the same were delet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessing officer did not consider it necessary to give a complete description of the incriminating material by recording the details of the panchnama. 6. We have perused the record. Both the CIT(A) as well as the ITAT have held in the instant case that the addition is not based on any incriminating material found during the course of search and the assessment was not pending on the date of sear ..... X X X X Extracts X X X X X X X X Extracts X X X X
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