TMI Blog2024 (2) TMI 457X X X X Extracts X X X X X X X X Extracts X X X X ..... ady 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. Subhash Khattar [ 2017 (7) TMI 1091 - 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 Hon ble Apex Court 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. Thus no addition can be made in the case of the assessee sans seized material. Decided in favour of assessee. - DR. B. R. R. KUMAR, ACCOUN ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gged with more than 115 issues on the issue of restriction of additions only to incriminating materials found during search. Therefore, withdrawal of SLP in the case of Kabul Chawla on account of Low Tax Effect leading to re porting of dismissal SLP by Hon'ble Supreme Court is mitigated by admission SLP by Hon'ble Supreme Court in the case of APAR Industries Ltd as mentioned above, tagged with 115 cases as a lead case. 4. That the order of the CIT (A) is perverse, erroneous and is not tenable on facts and in law. 5. That the grounds of appeal are without prejudice to each other. 2. We have examined the facts of the case and find that the addition has not been made based on the material found and seized during the s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ging in such activities can hardly 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, do not detract from the settled legal position in Kabul Chawla (supra) which has been followed not only by this Court in its subsequent decisions but also by several other High Courts. 71. For all of the aforementioned reasons, the Court is of the view that the ITAT was justified in holding that the invocation o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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