TMI Blog2021 (2) TMI 764X X X X Extracts X X X X X X X X Extracts X X X X ..... owever, regular books of account of the assessee, by no stretch of imagination, could be treated as incriminating material to form basis of framing assessment under Section 153A read with Section 143(3) . Assessment for the Assessment Years 2008-2009 and 2009-2010 were completed under Section 143(3) vide orders dated 28th July, 2010 and 31st May, 2011 respectively and audited books of account were thoroughly examined and details of purchase of milk must have been scrutinized as it was part of audited financial statement of accounts; as per Kabul Chawla supra, completed assessments can be interfered only on the basis of some incriminating material unearth during the search. With respect to the Assessment Years 2010-2011 to 2012-2013, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... contends that a substantial question of law arises, as ITAT has expanded the scope of what was held by this Court in Commissioner of Income Tax (Central)-III Vs. Kabul Chawla (2016) 380 ITR 573 (Delhi). 4. It is argued, (i) that a search and seizure operation under Section 132 of the Income Tax Act, 1961 was carried out in the case of Param and Rama Group, on 28th February, 2014; (ii) that pursuant to search, notice under Section 153A of the Act was issued and served on the respondent assessee, asking the respondent assessee to file the return of income; (iii) that the respondent assessee responded that the return of income already filed, be treated as return filed in response to the notice under Section 153A of the Act; (iv) that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly applied to the facts of the case by the ITAT. The ITAT, in the impugned order has held that in the audited report filed by the assessee along with the report, cash book, ledger, bank book etc. were mentioned; that the respondent assessee was maintaining books on TALLY Accounting Software which was seized during the search and was being treated as incriminating material; however, regular books of account of the assessee, by no stretch of imagination, could be treated as incriminating material to form basis of framing assessment under Section 153A read with Section 143(3) of the Act. It was further held that assessment for the Assessment Years 2008-2009 and 2009-2010 were completed under Section 143(3) vide orders dated 28th July, 2010 and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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