TMI Blog2023 (11) TMI 443X X X X Extracts X X X X X X X X Extracts X X X X ..... 2023 (4) TMI 1056 - SUPREME COURT ] wherein 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. - Dr. B.R.R ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bul 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. 5. The Hon ble Delhi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ardly be accepted to maintain meticulous books or records for long. These factors are absent in the present case. There was no justification at all for the AO to proceed on surmises and estimates without there being any incriminating material qua the AY for which he sought to make additions of franchisee commission. 70. The above distinguishing factors in Dayawanti Gupta (supra), therefore, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 search and the addition has been made merely on the basis of the book entries already disclosed to the department. Further, reliance is also placed on the decision of the Hon ble Jurisdictional High Court in the case of PCIT Vs. Subh ..... X X X X Extracts X X X X X X X X Extracts X X X X
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