2022 (9) TMI 592

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..... Respondents had 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 under Section 153A of the Act as the cases of the Respondents were of non-abated assessment - no substantial question of law arises for consideration.
HON'BLE MR. JUSTICE MANMOHAN AND HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA Appellant Through: Mr. Ruchir Bhatia, Sr. Standing Counsel. Respondent Through: Mr. Ravi Pratab Mall, Advocate. J U D G M E N T MANMOHAN, J (Oral): C.M.No.39124/2022 Exemption allowed, subject to all just exceptions. Accordingly, the application stands disposed of. ITA No.311/2022 1. Present Income Tax Appeal has be .....

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..... are non-abated. In these facts and circumstances, following the dictate of Hon'ble Delhi High Court in Kabul Chawla (supra), we hold that no addition u/s 68 of the Act is warranted. 15. In the result, the appeals of the assessee are allowed and appeals of the Revenue are dismissed." 4. Further, the conclusion reached in Commissioner of Income Tax vs. Kabul Chawla, (2016) 380 ITR 573 was summarized in PCIT vs. Meeta Gutgutia, (2017) 82 taxmann.com 287 Del. The relevant portion of the judgment passed in Meeta Gutgutia (supra) is reproduced hereinbelow:- "37. On a conspectus of Section 153A(1) of the Act, read with the provisos thereto, and in the light of the law explained in the aforementioned decisions, the legal position that em .....

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..... ssment can be reiterated and the abated assessment or reassessment can be made. The word 'assess' in Section 153 A is relatable to abated proceedings (i.e. those pending on the date of search) and the word 'reassess' to completed assessment proceedings. vi. Insofar as pending assessments are concerned, the jurisdiction to make the original assessment and the assessment under Section 153A merges into one. Only one assessment shall be made separately for each AY on the basis of the findings of the search and any other material existing or brought on the record of the AO. vii. Completed assessments can be interfered with by the AO while making the assessment under Section 153 A only on the basis of some incriminating materi .....

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