2022 (11) TMI 915 - HC - Income Tax
Assessment u/s 153A - incriminating material gathered during the course of search - legal requirement in law that incriminating material must be found during search - HELD THAT:- This Court finds that the ITAT upheld the findings of the CIT-(A) that the additions made in the present appeals were not based on any material incriminating or otherwise recovered in the course of search action.
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 have 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 u/s153A of the Act as the cases of the respondents were of non-abated assessment. No substantial question of law.