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TMI Blog2023 (8) TMI 1541X X X X Extracts X X X X X X X X Extracts X X X X ..... ent proceedings for which there were no incriminating materials found during the search. Tribunal held that it is the settled legal position that in order to make addition in an unabated assessment on the date of search, there has to be incriminating material found during the search. Tribunal rightly decided the issue in favour of the assessee. - THE HON'BLE THE CHIEF JUSTICE T. S. SIVAGNANAM AND HON'BLE JUSTICE HIRANMAY BHATTACHARYYA Ms. Smita Das De, Adv. for appellant Mr. J.P. Khaitan, Sr. Adv. Mr. Akhilesh Gupta, Adv. Mr. Indranil Banerjee, Adv. for respondent ORDER The Court :- This appeal by the revenue filed under Section 260(A) of the Income Tax Act, 1961 (the Act) is directed against the order dated May 10, 2022 passed by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 387 ITR 529 [Gujarat]. The conclusion has been recorded in paragraph 14 of the judgement which is quoted hereinbelow :- 14. In view of the above and for the reasons stated above, it is concluded as under: i] that in case of search under Section 132 or requisition under Section 132A, the AO assumes the jurisdiction for block assessment under section 153A; ii] all pending assessments/reassessments shall stand abated; iii] in case any incriminating material is found/unearthed, even, in case of unabated/completed assessments, the AO would assume the jurisdiction to assess or reassess the total income taking into consideration the incriminating material unearthed during the search and the other material available with the AO including the income ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rder under Section 143(3) when the issue in such an order under Section 143(3) had merged with the order so passed under Section 153A read with Section 143(3) and in view of the facts and circumstances of the case. After taking note of the submissions on either side the Tribunal on facts has recorded that there is no reference at all by the assessing officer to any incriminating material found during the search and the various additions were undisputably made on the basis of the observations of the assessing officer during the assessment proceedings for which there were no incriminating materials found during the search. Furthermore, the Tribunal held that it is the settled legal position that in order to make addition in an unabated assess ..... X X X X Extracts X X X X X X X X Extracts X X X X
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