Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2022 (4) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (4) TMI 1547 - HC - Income TaxAssessment u/s 153A - addition based on seized material or not? - competency of AO to consider all the material that is available on record - as per revenue ITAT erred in deleting the additions made by AO relying upon the judgment of this Court in the case of CIT Vs. Kabul Chawla, [2015 (9) TMI 80 - DELHI HIGH COURT] as he states that the Revenue has not accepted the judgment of Kabul Chawla (supra) and has preferred an appeal against the same in the Supreme Court - HELD THAT:- This Court is of the opinion that the questions of law raised in present appeals have been settled by earlier Division Bench in CIT Vs. Kabul Chawla (supra) and assessment of the respondents had attained finality prior to the date of search and no incriminating documents or materials had been found and seized at the time of search. Accordingly, no addition can be made under Section 153A of the Act as the cases of respondents are of non-abated assessments. Though some of the judgments of this Court have been challenged and are pending adjudication before the Supreme Court, yet there is no stay of the said judgments till date. Consequently, in view of the judgments of the Supreme Court in Kunhayammed and Others Vs. State of Kerala And Another, [2000 (7) TMI 67 - SUPREME COURT] and Shree Chamundi Mopeds Ltd. Vs. Church of South India Trust Association CSI Cinod Secretariat, Madras [1992 (4) TMI 183 - SUPREME COURT] the present appeals are dismissed being covered by the judgment passed by the learned predecessor Division Bench.
|