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2017 (7) TMI 252 - AT - Income TaxAssessment under section 153A - deemed dividend addition u/s 2(22)(e) - incriminating material concerning such additions was found during the course of search - Held that:- Since the facts in the present case are identical to that in the case of M/s Mala Builders Pvt. Ltd. (2016 (11) TMI 1046 - ITAT CHANDIGARH) with assessment having been framed under section 153A of the Act making addition on account of deemed dividend under section 2(22)(e) of the Act, admittedly, in the absence of any incriminating material found during the course of search and the assessment in all the above cases having been completed under section 143(1) of the Act, the aforestated decision of the Chandigarh Bench in the case of M/s Mala Builders Pvt. Ltd. (supra) squarely applies to the present case also, following which we hold that the Assessing Officer had no jurisdiction to make the impugned addition in the present case. - Decided in favour of assessee.
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