The Appellate Tribunal considered the validity of assessment u/s ...

Tribunal Upholds Completed Assessments Due to Lack of Incriminating Materials in Search-Related Modifications.

June 11, 2024

Case Laws     Income Tax     AT

The Appellate Tribunal considered the validity of assessment u/s 153A regarding the inclusion of incriminating documents seized during a search. Referring to the Kabul Chawla case, it was held that assessments u/s 153A can only be altered based on incriminating material found during the search. The Supreme Court in the Meeta Gutgutia case upheld the Delhi High Court's decision, emphasizing the need for incriminating material to justify assessment changes. As the AO did not cite any seized incriminating documents during the search, and no additions were based on such material, the completed assessments were upheld. Citing the Abhisar Buildwell case, the Tribunal affirmed that without evidence linking additions to seized material, the revenue's case lacked merit. Consequently, the appeal by the assessee was allowed.

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