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2022 (10) TMI 853 - HC - Income TaxAssessment u/s 153A - Incriminating documents or materials found and seized at the time of search or not? - ITAT held that the addition which was not based on incriminating material found during the search could not be made in assessment under Section 153A - HELD THAT:- This Court in Principal Commissioner of Income Tax vs. Bhadani Financiers Pvt. Ltd. [2021 (9) TMI 902 - DELHI HIGH COURT] has held that where the 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, no addition could be made under Section 153A of the Act as the cases of the respondents were of non-abated assessment. Though, the issue involved in Kabul Chawla [2015 (9) TMI 80 - DELHI HIGH COURT] has been challenged and is pending adjudication before the Supreme Court, yet there is no stay of the said judgment till date. Consequently, in view of the judgments passed by 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 appeal is covered by the judgment passed by this Court in Bhadani Financiers Pvt. Ltd. (supra) and Kabul Chawla (supra). No substantial question of law
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