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2022 (11) TMI 1389 - HC - Income TaxAssessment u/s 153A - incriminating material of document has been found at the time of search or not? - HELD THAT:- Upon a perusal of the paper book, this Court finds that both CIT(A) and the ITAT have given concurrent findings of fact that no incriminating material has been found during the search. The ITAT also recorded that the present case of the respondent was of non-abated assessment. In fact, the AO in his remand report filed before the CIT(A) admitted that no documents were found or seized during the course of search nor there was any admission by the Assessee. This Court in Shiv Kumar Agarwal [2022 (8) TMI 268 - DELHI HIGH COURT] has held where assessment of the respondent had attained finality prior to the date of search and no incriminating material of document has been found at the time of search, no addition could be made u/s 153A as the case of the respondent was of non-abated assessment. Though the judgment in Kabul Chawla [2015 (9) TMI 80 - DELHI HIGH COURT] has been challenged by Revenue in connected matters and is pending before the Hon’ble Supreme Court, yet there is no stay of the said judgment till date. Consequently, in view of the judgment passed by the Hon’ble Supreme Court in Kunhayammed and Others. Vs. State of Kerala and Another[2000 (7) TMI 67 - SUPREME COURT] the present appeal is covered by the judgment of this court in Kabul Chawla (supra) and Shiv Kumar Agarwal (supra). Decided in favour of assessee.
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