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2022 (7) TMI 1041 - AT - Income TaxAssessment u/s 153A - Addition based on the seized e-mail conversations - Unaccounted investment on transfer of RL shares by Anil R Patel - HELD THAT:- We hold that the ld. CIT(A) has correctly deleted the addition considering the decision of Hon’ble Gujarat High Court in the case of PCIT v. Saumya Construction [2016 (7) TMI 911 - GUJARAT HIGH COURT] wherein it has been held that no addition can be made in an assessment u/s 153A, if no incriminating material is found during the search. In the present case, the decision of the Hon’ble Gujarat High Court is squarely applicable as no incriminating material found during the course of the search. Hence, we hold that ld. CIT(A) has correctly deleted the addition made by relying on the decision of Hon’ble Gujarat High Court. - Decided against revenue.
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