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2024 (3) TMI 768 - AT - Income TaxAssessment u/s 153A - completed assessments to be interfered with by the A.O. while making the assessment u/s 153A - incriminating material unearthed during the course of search or not? - HELD THAT:- Statement of Sh. Ashok Jain was recorded during the course of search on 22/04/2016 which was subsequently retracted. From a perusal of the statement, it is found that the statement was not corroborated by any incriminating material and therefore no credence can be given to the said statement, which has been subsequently retracted. In view of consideration of the judgement of Kabul Chawla [2015 (9) TMI 80 - DELHI HIGH COURT] it has been held that completed assessments can be interfered with by the A.O. while making the assessment u/s 153A only on the basis of some incriminating material unearthed during the course of search. Hon'ble Supreme Court in the case of Meeta Gutgutia [2017 (5) TMI 1224 - DELHI HIGH COURT] upheld the decision of the Hon'ble High Court of Delhi. The aforesaid judgements have lucidly pronounced that the case of completed assessment can be interfered only on the basis of some incriminating material found during the course of search. The case of the assessee for the assessment years before us are completed assessments and there were no proceedings pending on the date of the search conducted i.e. 20.04.2017. In the case of the assessee, the AO has not referred to any incriminating document which was seized, during the course of search proceedings and the additions made in the Assessment Orders are not based upon any incriminating material or documents found during the course of search. Further, we also find that in the case of Pr. CIT Vs. Abhisar Buildwell Pvt. Ltd. [2023 (4) TMI 1056 - SUPREME COURT] has affirmed the ratio of Kabul Chawla (supra). Since, the revenue has not brought anything on record to prove that the additions have been made on the basis of the material found and seized during the search conducted u/s. 132 of the Income Tax Act, 1961, we find no reason to interfere with the order of the ld. CIT(A). Decided against revenue.
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