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2022 (5) TMI 933 - AT - Income TaxAssessment u/s 153C - incriminating material found in search or not? - HELD THAT:- We are of the view that the order of the CIT(A) does not call for any interference. Admittedly, none of the additions made in these 4 appeals are based on any incriminating material found in the course of search in the case of M/s. Srinivasa Trust on 23.09.2016. In such a scenario, the additions made in the order of Assessment cannot be sustained. As far as the decision in the case of Canara Housing Development Co. Ltd. [2014 (8) TMI 642 - KARNATAKA HIGH COURT] in the decision rendered in the case of M/s. Delhi International Airport Pvt. Ltd. [2021 (11) TMI 928 - KARNATAKA HIGH COURT] wherein the law was explained that in an unabated assessments completed prior to search, there can be no addition in an Assessment under section 153C without material having been found in the course of search. The earlier decisions rendered by the Hon’ble Karnataka High Court and other High Courts were duly considered and there is no dispute on this aspect and the fact that the said decision is the law as of today on the subject rendered by the Hon’ble Karnataka High Court. We find no grounds to interfere in the order of the CIT(A). Consequently, these appeals by the Revenue are dismissed. In view of the above conclusions, we do not deem it necessary to examine whether the initiation of proceedings under section 153C
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