9911796707
TMI Blog2023 (8) TMI 1541X X X X Extracts X X X X X X X X Extracts X X X X ..... r appellant Mr. J.P. Khaitan, Sr. Adv. Mr. Akhilesh Gupta, Adv. Mr. Indranil Banerjee, Adv. ...for respondent ORDER The Court :- This appeal by the revenue filed under Section 260(A) of the Income Tax Act, 1961 (the Act) is directed against the order dated May 10, 2022 passed by the Income Tax Appellate Tribunal "A" Bench, Kolkata (the Tribunal) in I.T.A. No. 2094/Kol/2017 for the assessment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Principal Commissioner of Income Tax, Central-3 vs. Abhisar Buildwell [P] Ltd., reported in [2023] 149 taxxmann.com 399 [SC]. The Hon'ble Supreme Court had summarized the legal position in paragraph 11 of the judgement and in paragraph 13 the Hon'ble Supreme Court has held that it is in agreement with the view taken by the Delhi High Court in the case of the Commissioner of Income Tax Vs. [Centra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... otal income' taking into consideration the incriminating material unearthed during the search and the other material available with the AO including the income declared in the returns; and iv] 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. Me ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Commissioner of Income Tax (Appeals) CIT(A) erred in not adjudicating the validity of an order under Section 153A read with Section 143(3) of the Act in view of the facts and circumstances of the case, more particularly, when there was no incriminating material found during the course of search. Further, before the learned Tribunal the assessee contended that the CIT(A) erred in directing the asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an unabated assessment on the date of search, there has to be incriminating material found during the search. Thus, the learned Tribunal rightly decided the issue in favour of the assessee and granted relief and we find no grounds to interfere with the order passed by the learned Tribunal. Accordingly, the appeal is dismissed and the substantial question of law is answered against the revenue. C ..... X X X X Extracts X X X X X X X X Extracts X X X X
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