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2017 (12) TMI 1059 - AT - Income TaxAssessments u/s.153A - addition on unexplained gifts - no incriminating document was found and seized during the course of search - Held that:- The addition has been made u/s.153A for two gifts received during the year, however, since, it is an unabated AY and no incriminating document was found and seized during the course of search for that AY, therefore following the ratio of Kabul Chawla (2015 (9) TMI 80 - DELHI HIGH COURT ), we are inclined to hold that the issue of these two gifts was outside the scope of examination in the impugned proceedings u/s.153A. Now reverting to the contention of Ld. DR that no assessment prior to search for A.Y.2003-04 was completed u/s.143 (3), therefore the issue of these gifts can be examined in proceedings u/s.153A is without any substance. Hon’ble Delhi High Court in the case of WORLD WINDOW IMPEX INDIA (P) LTD. (2016 (3) TMI 1275 - DELHI HIGH COURT) has clearly held that the ratio as laid down in this regard in the case of Kabul Chawla (Supra) also covers the situation where, prior to search, no assessment u/s.143 (3) was passed for the year under consideration. - Decided in favour of assessee.
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