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2018 (5) TMI 1940 - AT - Income TaxAssessment u/s.153A - absence of any incriminating found during the course of search - HELD THAT:- On the date of search, i.e., 15.11.2007, the assessment for the Assessment Year 2005-06 was not pending and hence it cannot be reckoned as abated assessment in terms of 2nd proviso to Section 153A. It is now a well settled law by the Hon'ble Jurisdictional High Court that in case of unabated assessment, if no incriminating material has been found or seized during the course of search, then no addition can be made merely based on information already available on record, i.e., in the return of income filed originally/original assessment. AO himself in the impugned assessment order has not referred to any seized documents or incriminating material found during the course of search albeit has proceeded on the perusal of the computation of income filed in the original return of income. The Hon'ble Jurisdictional High Court in the case of CIT vs. Kabul Chawla [2015 (9) TMI 80 - DELHI HIGH COURT] after considering catena of decision has held that if in relation to any Assessment Year, no incriminating material is found then no addition or disallowance can be made in relation to that Assessment Year in exercise of power u/s.153A. This principle has been reiterated in the case of Pr.CIT vs. Meeta Gutgutia [2017 (5) TMI 1224 - DELHI HIGH COURT] and again in the case of Pr.CIT vs. Best Infrastructure (India) Pvt. Ltd. [2017 (8) TMI 250 - DELHI HIGH COURT] . In view of the binding judicial precedent of the Hon'ble Jurisdictional High Court, we hold that no addition can be roped in the assessment made u/s.153A in absence of any incriminating found during the course of search, especially in the case of unabated assessment. Appeal of the Revenue is dismissed.
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