TMI Blog2020 (2) TMI 1481X X X X Extracts X X X X X X X X Extracts X X X X ..... ELHI HIGH COURT] , PCIT Vs. Meeta Gutgutia, [ 2017 (5) TMI 1224 - DELHI HIGH COURT] , Ld. PCIT vs. Ms Lata Jain, [ 2016 (5) TMI 1273 - DELHI HIGH COURT] the assessments and reassessments pending on the date of the search shall abate and the total income for such assessment years will have to be computed by the Assessing Officers as a fresh exercise; and that although Section 153A of the Act 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, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent. For the assessment year 2008-09, they have filed return of income on 29.09.2008 declaring a total income of ₹ 2,85,15,17,102/- and revised the same on 07.02.2009 with declared income of ₹ 2,85,15,27,398/-. Subsequently, pursuant to the search and seizure action carried out in the case of M/s. Orris Infrastructure Limited group of cases on 16.01.2013, notice u/s. 153A of the Act was issued on 10.03.2015. The assessee replied that neither any search was conducted in the premises of the assessee nor any inquiry was conducted by the Investigation Wing and the said notice was issued on the basis of search conducted in the case of Orris Infrastructure Limited, wherein some documents were found in the locker maintained by the asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... have adjudicated the challenge of the assessee to initiation of proceedings u/s. 153A when no search was conducted on the assessee. 6. We have gone through the record in the light of submissions made on either side. The assessment order does not show any material seized in the search and seizure proceedings to form a basis for addition u/s. 14A read with Rule 8D of the Rules. It is not in dispute that as on the date of assumption of jurisdiction by the Assessing Officer u/s. 153A, the assessment for the assessment year 2008-09 was a concluded one and therefore, it does not get abated. It is settled principle of law that in terms of decision of Hon ble jurisdictional High Court in the case of Kabul Chawla (supra), Chintels India Ltd vs. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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