2023 (7) TMI 1578 - HC - Income Tax

Validity of Assessment u/s 153A - incriminating material as unearthed during the search or not? - Whether additions made to the income of the Assessee for the AYs were not sustainable because no incriminating material concerning such additions were found during the course of search and further no assessments for such years were pending on the date of search? HELD THAT - Even according to Mr Rai the issue which arises in the present appeals stands covered of Kabul Chawla 2015 (9) TMI 80 - DELHI HIGH COURT The aforementioned judgment has been affirmed in ABHISAR BUILDWELL P. LTD. 2023 (4) TMI 1056 - SUPREME COURT . Consequently the above-captioned appeals are closed as no substantial question of law arises for our consideration. No substantial question of law arises for our consideration.

Summary

Summary:The Delhi High Court, through Hon'ble Justices Rajiv Shakdher and Girish Kathpalia, allowed condonation of delay of 89 days in filing appeals ITA Nos. 403/2023, 405/2023, and 406/2023 related to AYs 2013-14, 2011-12, and 2009-10 respectively. The appeals pertain to completed assessments where the Income Tax Appellate Tribunal found "no incriminating material." The Court held that the issues are "covered by the judgment" in CIT(A) vs. Kabul Chawla (2016, 380 ITR 573), which was affirmed by the Supreme Court in Principal Commissioner of Income Tax, Central-3 vs Abhisar Buildwell, 2023 SCCOnline SC 481. Therefore, "no substantial question of law arises," and the appeals were closed.