2020 (1) TMI 1486

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..... the tax authorities based on the decision of CIT Vs. Kabul Chawla [ 2015 (9) TMI 80 - DELHI HIGH COURT ] cannot be held to be perverse. The questions of law proposed by the Revenue are squarely covered by the aforesaid judgment.
MS. SUCHITRA KAMBLE, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER Revenue by : Shri J. K. Mishra [CIT] - DR; Assessee by: Shri Ved Jain, Adv.; & Shri Akshit Goel, C. A. O R D E R PER PRASHANT MAHARISHI, A. M. : These are the four appeals filed by the ld. Dy. Commissioner of Income Tax, Central Circle 29, New Delhi, dated 16.03.2016 for assessment year 2007-08, even date for assessment years 2008-09, 2009-10 and 2010-11. 2. The facts in all the cases are similar and, therefore, we state .....

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..... sessment order made on 31.12.2009 was completed before the search u/s 132 of the Act initiated on 30th March, 2012 and as on that date no assessment or re-assessment proceedings were pendin and, therefore, such assessment was not abated. He further held that the additions made by the AO were not based on any incriminating material found during the course of search dated 30.03.2012. Therefore, following the order of the Hon'ble Delhi High Court in CIT Vs. Kabul Chawla 61 taxmann.com 412 (Del.) he deleted the addition. He further discussed the issues on merits also and recorded a clear-cut finding that there is no incriminating material relating to those additions and, therefore, it is not necessary to adjuidicate those grounds. Revenue aggri .....

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..... be based on the basis of incriminating material found during the course of search. Apparently Revenue did not show us any incriminating material based on which the additions have been made in the present case. The only grievance of the Revenue is that the decision of the Hon'ble jurisdictional High Court, based on which the ld. CIT (Appeals) allowed the appeal of the assessee has been challenged by filing the Special Leave Petition before the Hon'ble Supreme Court. We do not agree with the contentions of the Revenue. The Hon'ble Delhi High Court in CIT Vs. Kabul Chawla (supra) in para 37 has held that in absence of any incriminating material, the completed assessments can be reiterated and they can be interfered only on the basis of some i .....

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