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TMI Blog2023 (6) TMI 526X X X X Extracts X X X X X X X X Extracts X X X X ..... and of this Court in Saumya Construction [ 2016 (7) TMI 911 - GUJARAT HIGH COURT ] laying down the law that no addition can be made in respect of completed assessment in absence of any incriminating material. The supreme court in laying down the proposition considered the object and purpose of insertion of section 153A of the Act. No substantial question of law. - R/TAX APPEAL NO. 174 OF 2023 - - - Dated:- 4-5-2023 - HONOURABLE MR. JUSTICE N.V.ANJARIA AND HONOURABLE MR. JUSTICE DEVAN M. DESAI MR.VARUN K.PATEL FOR THE APPELLANT ORDER PER : HONOURABLE MR. JUSTICE N.V.ANJARIA Heard learned advocate Mr. Varun Patel for the appellant department. 2. The present Tax Appeal under section 260A of the Income Tax Act, 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat no incriminating material was found at the premises of the assessee during search. The Income Tax Appellate Tribunal as per impugned order dated 8.6.2022 dismissed the appeal of the Revenue against the aforementioned order of Commissioner of Income Tax (Appeals). 4. While learned advocate for the appellant took the court through the order impugned in the appeal to make various submissions to assail the same and to submit that the aforesaid substantial questions of law arise, in course of the hearing, however, learned advocate fairly conceded that the issue represented in the substantial questions of law is answered by the supreme court in Principal Commissioner of Income Tax, Central-3 vs. Abhisar Buildwell P. Ltd. being Civil Appea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... umya Construction [(2016) 387 ITR 529 (Gujarat)] well as that of Delhi High Court in Commissioner of Income Tax, Central-III vs. Kabul Chawla [(2015) 61 taxmann.com 412 (Delhi)], which were in favour of the assessee. The supreme court held that no addition can be made in respect of completed/ unabated assessment in absence of any incriminating material. 4.3 The supreme court observed in Abhisar Buildwell P. Ltd. (supra) thus, .The lead judgment is by the Delhi High Court in the case of Kabul Chawla (supra), which has been subsequently followed and approved by the other High Courts, referred to hereinabove. One another lead judgment on the issue is the decision of the Gujarat High Court in the case of Saumya Construction (supra) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orders 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 c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a laying down the law that no addition can be made in respect of completed assessment in absence of any incriminating material. The supreme court in laying down the proposition considered the object and purpose of insertion of section 153A of the Act. 6. In view of the above decision of the supreme court in Abhisar Buildwell P. Ltd. (supra), there is no gainsaying that the issue sought to be raised and the substantial questions of law ought to be put forth in that context, are answered. 7. No case is made out in this appeal. No question of law much less any substantial question of law could be said to be arising in view of law laid down by the supreme court in Abhisar Buildwell P. Ltd. (supra). The appeal stands dismissed accordi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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