Calcutta HC Confirms KMC Can Revise Property Valuation to Levy Tax In ?11.24 Crore Dispute  ||  Bom HC Cancels Bail of Accused Supplying Fake Medicines, Says it Weakens Public Trust in Healthcare  ||  MP HC: Oral, Anal Sex Between Married Couples Not Punishable under Section 377 IPC  ||  SC Says Respect For Higher Court Orders a Basic Principle, Rebukes Authority For Revisiting Order  ||  SC: Merits of Foreign Arbitral Awards Cannot be Re-Examined During Enforcement Proceedings  ||  SC: Failure to Sign Charge Sheet Doesn’t Invalidate Trial if Charges Were Properly Read to Accused  ||  Delhi HC: Bipolar Disorder Alone Does Not Qualify as Medical Disability Without Benchmark Criteria  ||  Kerala HC: Excommunicating Knanaya Catholics For Marrying Outside the Community is Unconstitutional  ||  Kerala HC: Temporary Use of Religious Land For Public Infrastructure is Not a ‘Transfer’ under Law  ||  P&H HC: Habeas Plea in Child Custody Case Not Maintainable if Child is With Natural Guardian and Safe    

Rajiv Kumar Khurana vs. Income Tax Officer - (Income Tax Appellate Tribunal) (05 Dec 2023)

No addition can be made on assessment framed under Section 153A of IT Act dehors incriminating material found during the search

MANU/ID/1743/2023

Direct Taxation

Present appeal by the assessee is directed against the order of the learned CIT (Appeals) for the assessment year 2014-15. The assessee submitted that the assessment has been framed under Section 153A of the Income Tax Act, 1961 (IT Act) pursuant to a search. However, he submitted that no addition in this case has been done by referring to seized material found during the search.

Assessment is pursuant to notice under Section 153A of the IT Act. The additions are not based upon any incriminating material found during search. As per the decision of the Supreme Court in the case of PCIT vs Abhisar Buildwell Pvt. Ltd., no addition can be made on the assessment framed under Section 153A dehors incriminating material found during the search.

Since, the AO himself admitted that the addition is made dehors any seized incriminating material during the search, in view of decision of Apex Court in the case of PCIT vs Abhisar Buildwell Pvt. Ltd, the order of the Learned CIT(A) is set aside. Appeal of the assessee stands allowed.

Tags : ASSESSMENT   ADDITION   LEGALITY  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved