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TMI Blog2022 (10) TMI 853X X X X Extracts X X X X X X X X Extracts X X X X ..... n 153A of the Act as the cases of the respondents were of non-abated assessment. Though, the issue involved in Kabul Chawla [ 2015 (9) TMI 80 - DELHI HIGH COURT ] has been challenged and is pending adjudication before the Supreme Court, yet there is no stay of the said judgment till date. Consequently, in view of the judgments passed by the Supreme Court in Kunhayammed and Others vs. State of Kerala and Another [ 2000 (7) TMI 67 - SUPREME COURT ] and Shree Chamundi Mopeds Ltd. Vs. Church of South India Trust Association CSI Cinod Secretariat, Madras [ 1992 (4) TMI 183 - SUPREME COURT ] the present appeal is covered by the judgment passed by this Court in Bhadani Financiers Pvt. Ltd. (supra) and Kabul Chawla (supra). No substantial que ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... evant extract of the impugned order is reproduced herein below: 13. In such a scenario, we have to see the discovery of incriminating material vis-a-vis two stages of assessment i.e. abated and non-abated assessment. It is not the dictate of the Hon ble High Court that in the absence of any incriminating material, in any of the years, no additions can be made. The Hon ble High Court is very clear in its findings. So, to apply the principle laid down by the Hon ble High Court (supra), it is the first step to find whether the proceedings had abated or non-abated and also to determine any incriminating material was found or not. 14. The Ld.AR before us has pointed out that no incriminating material was found and also that the proceed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for each of the six years. In other words there will be only one assessment order in respect of each of the six AYs in which both the disclosed and the undisclosed income would be brought to tax . iv. Although Section 153 A does not say that additions should be strictly made on the basis of evidence found in the course of the search, or other post-search material or information available with the AO which can be related to the evidence found, it does not mean that the assessment can be arbitrary or made without any relevance or nexus with the seized material. Obviously an assessment has to be made under this Section only on the basis of seized material. v. In absence of any incriminating material, the completed assessment can ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nged and is pending adjudication before the Supreme Court, yet there is no stay of the said judgment till date. 8. Consequently, in view of the judgments passed by the Supreme Court in Kunhayammed and Others vs. State of Kerala and Another, (2000) 6 SCC 359 and Shree Chamundi Mopeds Ltd. Vs. Church of South India Trust Association CSI Cinod Secretariat, Madras (1992) 3 SCC 1, the present appeal is covered by the judgment passed by this Court in Bhadani Financiers Pvt. Ltd. (supra) and Kabul Chawla (supra). 9. Keeping in view the aforesaid mandate of law as well as the facts, this Court is of the view that no substantial question of law arises for consideration in the present appeal. Accordingly, the present appeal is dismissed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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