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Income Tax - Highlights / Catch Notes

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The ITAT Delhi addressed the validity of additions in an ...


Validity of additions u/s 153A questioned - no incriminating material found - Tribunal rules in favor of assessee.

Case Laws     Income Tax

June 4, 2024

The ITAT Delhi addressed the validity of additions in an assessment u/s 153A without incriminating material post a search u/s 132. Citing Abhisar Buildwell (P) Ltd., the Tribunal held that if no incriminating material is found during a search, the AO cannot assess or reassess completed/unabated assessments. Consequently, additions made without such material cannot stand. The Tribunal deleted the additions by the AO, including commission income, as they lacked a basis in incriminating material. Ground no. 1 was allowed in favor of the assessee.

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