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2021 (1) TMI 1275 - AT - Income TaxAssessment u/s 153A - Proof of incriminating material found during the course of search or not? - HELD THAT:- In the case of unabated assessments of an assessee, no addition is permissible in the order u/s 153A unless it is based on any incriminating material found during the course of search. See Majestic Commercial (P) Ltd. [2020 (3) TMI 1077 - ITAT KOLKATA] As the undisputed fact is that the additions are not based on any incriminating material found during search and as the assessment has not abated, we delete the additions by applying the principles laid down by Rashmi Infrastructure Pvt. Ltd. [2020 (2) TMI 1463 - CALCUTTA HIGH COURT] on this issue. - Decided in favour of assessee.
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