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TMI Blog2022 (12) TMI 1092X X X X Extracts X X X X X X X X Extracts X X X X ..... as a difference in scope of proceedings under section 153A of the Income Tax Act, 1961 for an abated assessment and for a completed assessment. ii) Whether on the facts and circumstances of the case the CIT(A) was right in holding that no addition can be made u/s 153A of the Income Tax Act, 1961 in respect of completed assessment if no incriminating material is found during search. iii) Whether there is any restriction on the powers of the Assessing Officer under section 153A of the Income Tax Act, 1961 to confine only to the "incriminating material found during the search", even though such words or conditions are not mentioned in the section per se. iv) Whether on the facts and circumstances of the case the CIT(A) was correct in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the CIT(A)is right in not following the judgments on the issue of additions in search case u/s 153A of the Income Tax Act, 1961 rendered in the case of CIT v. Anil Kumar Bhatia 352 ITR 493 (Delhi HC), MadugulaVenu v. DIT 49 Taxman.com 200 (Delhi HC), CIT v. Raj Kumar Arora 367 ITR 517 (Allahabad HC), Canara Housing Development Company v. DCIT 49 taxman.com 98 (Karnataka HC), Filatx India Ltd. v. CIT 229 Taxman 555 (Delhi HC) Sunny Jacob Jewellers and Wedding Centre, 362 ITR 664 (Kerala HC). viii) Whether on the facts and in the circumstances of the case and in law the CIT(A) erred in not deciding the addition of Rs.1,46,76,109/ - made by the AO on account of disallowance of exemption u/ s 10(36) of the Income Tax Act, 1961 claimed by th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eturn u/s 139 for the year on 25.09.2012 and no notice u/s 143 (2) was issued to the appellant for the year under consideration. 2. A search action under section 132 of the Act, was carried out in the case of appellant on 10.10.2013. No assessment was pending in the case of appellant on the date of search and hence the assessment for the year under consideration had not abated. 3. It is apparent from the assessment order that no incriminating documents/ records or any other evidence was found or seized during the course of search proceedings which resulted in any addition in the case of the appellant during the years under consideration. 4. A search action under section 132 of the Act, was carried out in the case of appellant on 10 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not abated, which order was upheld by ITAT. The findings of the Hon'ble ITAT in the case of DCIT vs SCM Fintrade Pvt Ltd at para 5 of its order, squarely applies in the present case also, which reads as under:- "5. We have heard the contentions of both the parties. We do not find any merit in the present appeal filed by the Revenue. The facts vis-a-vis both the appeal that search action was carried out on the assessee on 04.10.2010 and at the time of search action no assessment or reassessment proceedings were pending is undisputed. It is also not disputed that no incriminating document or record or any other evidence was found or seized during the course of search proceedings which resulted in any addition in the case of the assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oceedings nor any proceedings were pending or abated on the date of search, in this case. 8. In view of the ratio laid down by the Hon'ble High Court of Delhi in the case of CIT vs Kabul Chawla and also other judgments as discussed in order of Hon'ble ITAT reproduced in this order, the decision of the jurisdictional ITAT has been found applicable and accordingly, the addition made by the AO as discussed above cannot be sustained and hence deleted looking into the position of law and facts of the case. 9. Since, the issue has been decided on the legal grounds regarding jurisdiction of AO to make such additions under section 153A of the Act, when no incriminating documents/ material or undisclosed income belonging to the appella ..... X X X X Extracts X X X X X X X X Extracts X X X X
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