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2023 (11) TMI 805 - AT - Income TaxAssessment u/s 153A - Addition u/s 68 - incriminating material found in search or not? - HELD THAT:- We do not find any substance in the contention of the Revenue that the Ld. CIT(A) has erred in law by holding that addition under section 153A cannot be made without incriminating material gathered during course of search. There has to be incriminating material recovered during search qua the assessee in each of years for purpose of framing an assessment under section 153A. There are umpteen number of decisions in support of the above proposition - See Kabul Chawla [2014 (7) TMI 714 - ITAT DELHI] affirmed by HC [2015 (9) TMI 80 - DELHI HIGH COURT], MS. LATA JAIN [2016 (5) TMI 1273 - DELHI HIGH COURT],MEETA GUTGUTIA [2018 (7) TMI 569 - SC ORDER], M/S JAYPEE FINANCIAL SERVICES LTD [2021 (8) TMI 200 - DELHI HIGH COURT] - Appeal of the Revenue is dismissed.
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