TMI Blog2023 (10) TMI 373X X X X Extracts X X X X X X X X Extracts X X X X ..... 1 - DELHI HIGH COURT] The entire issue stands settled by the judgment of Hon ble Apex Court in the case of M/s. Abhisar Buildwell P. Ltd. [ 2023 (4) TMI 1056 - SUPREME COURT] wherein the held that in case no incriminating material is unearthed during the search, the AO cannot assess or reassess taking into consideration the other material in respect of completed assessments/unabated assessments. Hence, we hold that no addition can be made in the case of the assessee sans seized material. Appeal of the assessee is allowed. - Sh. C. M. Garg, Judicial Member And Dr. B. R. R. Kumar, Accountant Member For the Assessee : Sh. Rajiv Khandelwal, CA And Sh. Gagan Khandelwal, Adv. For the Revenue : Mr. Waseem Arshad, CIT DR ORD ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... efore us pertains to A.Y. 2016-17. The assessee has e-filed return of income u/s 139(1) on 15.10.2016. The due date for issue of notice u/s 143(2) was 30.09.2017. No notice u/s 143(2) has been issued to the assessee. Hence, no assessment in the case of the assessee was abated. 4. The assessee is engaged in the business of Trading of Cement under the name of M/s Sona Cement Agency. The assessee has derived income from House Property, Business Profession and Other Sources during the year under consideration. 5. Excerpts from the Assessment Order (para 4 5) 4. In this case, the assessee had e-filed return of income u/s 139(1) of the I.T. Act, 1961 on 15/10/2016 declaring total income of Rs. 9,17,650/- but in the return of income f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Assessment Order, we find that the assessment has been made devoid of any material found and seized during the course of search. The additions made has no relation with the seized material. 7. On this issue, we have been guided by the established judgments of Hon ble Jurisdictional High Court. 8. Reliance is placed on the following case laws: CIT v. Kabul Chawla (2016] 380 ITR 573/(2015) 234 Taxman 300/61 taxmann.com 412 (Delhi), All Cargo Global Logistics Limited Vs. DCIT [2012] 18 ITR 106, ACIT, Central Circle-16, New Delhi vs. Vinita Chaurasia, ITA No. 5957/DEL/2015 dated 05.10.2018, ACIT, Central Circle-4, New Delhi vs. M/s. Moolchand Steels Pvt. Ltd., ITA No. 2544/DEL/2015 dated 10.10.2018 etc. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tified in holding that the invocation of Section 153A by the Revenue for the AYs 2000-01 to 200304 was without any legal basis as there was no incriminating material qua each of those AYs. Conclusion 72. To conclude: (i) Question (i) is answered in the negative i.e., in favour of the Assessee and against the Revenue. It is held that in the facts and circumstances, the Revenue was not justified in invoking Section 153A. of the Act against the Assessee in relation to AYs 2000-01 to AYs 2003-04. 11. We have gone through the entire plethora of judgments. 12. The decisions of the Hon ble Jurisdictional High Court are squarely applicable to the facts and circumstances of the case as no assessment was pending on the date of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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