TMI Blog2017 (2) TMI 1195X X X X Extracts X X X X X X X X Extracts X X X X ..... are sound on the question of applicability of Kabul Chawla (supra) and the additions made in these circumstances could not have been sustained. - Decided in favour of assessee - ITA 84/2017, C.M. APPL.3618/2017, ITA 85/2017, C.M. APPL.3622-3623/2017, ITA 86/2017, C.M. APPL.3628-3629/2017 - - - Dated:- 6-2-2017 - MR. S. RAVINDRA BHAT MR. NAJMI WAZIRI JJ. Sh. Dileep Shivpuri, Sr. Standing Counsel with Sh. Vikrant. A. Maheshwari, Advocate, for appellants, in Item Nos. 1 to 3, for the Revenue. Sh. N.P. Sahni, Advocate. O R D E R 1. The Revenue in these appeals is aggrieved by a common order of the Income Tax Appellate Tribunal (ITAT), allowing the assessee s appeals for Assessment Years (AYs) 2007-08 to 2012-13. The ITAT reje ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce passed, vitiating the assessment order under Section 153C. It is also urged that the assessments could not be sustained because the additions were made in respect of existing declared documents and none of the seized documents or materials pertained to such additions. Ultimately, the ITAT, in its impugned decision, accepted both these grounds. To hold that the period of limitation had passed by, vitiating the assessments, the ITAT relied upon the decision of this Court in RRJ Securities (supra). The other appeals were allowed on the ground that the addition did not relate or had no connection with the seized materials, by relying on Kabul Chawla (supra). 3. This Court has considered the materials on the record as well as the reasoning ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... one assessment order in respect of each of the six AYs in which both the disclosed and the undisclosed income would be brought to tax . iv. Although Section 153 A does not say that additions should be strictly made on the basis of evidence found in the course of the search, or other post-search material or information available with the AO which can be related to the evidence found, it does not mean that the assessment can be arbitrary or made without any relevance or nexus with the seized material. Obviously an assessment has to be made under this Section only on the basis of seized material. v. In absence of any incriminating material, the completed assessment can be reiterated and the abated assessment or reassessment can be ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
