Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2020 (1) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2020 (1) TMI 914 - AT - Income TaxAssessment u/s 153A - proof of incriminating materials found during search - whether the assessment in dispute can be considered as unabated in the given facts and circumstances? - HELD THAT:- The answer stands in favor of the assessee. It is because the time permitted under the statute for selecting the case under scrutiny was up to 30 September 2012 but there was no notice issued for the scrutiny assessment. In this regard we find support and guidance from the order in the case of Krishna Kumar Singhania Vs. DCIT [2018 (1) TMI 131 - ITAT KOLKATA] wherein unless there was no any incriminating material found during the course of search relatable to concluded year 2009-10, the statute does not confer any power on the Assessing Officer to disturb the findings given thereon and income determined thereon, as finality had already been reached thereon, and such proceeding was not pending on the date of search to get itself abated. Whether assessment could be framed u/s 153A of the Act in respect of concluded proceeding without the existence of any incriminating materials found during the course of the search? - In respect of abated assessments, fresh assessments are to be framed by the AO u/s 153A of the Act which would have a bearing on the determination of the total income by considering all the aspects, wherein the existence of incriminating materials do not have any relevance. However, in respect of unabated assessments, the legislature has conferred powers on the ld. AO to follow the assessments already concluded unless incriminating materials are found in the course of the search. That for the reasons stated above and on the basis of various judicial pronouncements, we hold that the disallowances made for the Assessment years which were unabated/concluded assessments as on date of search cannot be made in the search assessments in the absence of any incriminating material found in the course of search and accordingly directed to AO to delete the addition. - Decided against revenue.
|