TMI Blog2022 (11) TMI 915X X X X Extracts X X X X X X X X Extracts X X X X ..... criminating documents or materials had been found and seized at the time of search, no addition could be made u/s153A of the Act as the cases of the respondents were of non-abated assessment. No substantial question of law. - ITA 458/2022 and ITA 459/2022 - - - Dated:- 17-11-2022 - HON'BLE MR. JUSTICE MANMOHAN AND HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA Appellant Through: Mr. Puneet Rai, Sr. Standing Counsel with Ms. Adeeba Mujahid, Jr. Standing Counsel and Mr. Nikhil Jain, Advocate. Respondent Through: Mr. Satyen Sethi, Advocate. J U D G M E N T MANMOHAN, J (Oral): CM APPL.49062/2022 (exemption) in ITA 458/2022 CM APPL.49240/2022 (exemption) in ITA 459/2022 Allowed, subject to al ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any material incriminating or otherwise recovered in the course of search action. The relevant extract of the impugned order is reproduced hereinbelow: 8. We have carefully considered the rival submissions and the legal ground raised. It is a matter of record that the assessment concerning Assessment Years 2009-10 and 2010-11 stood concluded and were not pending at the time of search. Hence, the CIT(A) has rightly applied the position of law governing the field that while making the assessment under Section 153A of the Act, the Revenue is not entitled to interfere with already concluded (and not abated) assessment passed either under Section 143(1) or under Section 143(3) of the Act and not pending at the time of search, in the absenc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... spect 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 made. The word 'asses ..... X X X X Extracts X X X X X X X X Extracts X X X X
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