SC: ‘Abandonment of Service is Not Voluntary Retirement’, Denying SBI Clerk Pension Benefits  ||  Supreme Court: Stranger Affected by an Interim Order is Entitled to be Impleaded in Writ Proceedings  ||  Supreme Court: Courts Cannot Replace an Authority’s Discretion, and Sets Aside Direction to Governor  ||  SC: Title Suit Hit by Constructive Res Judicata if Omitted in Prior Injunction Suit Disputing Title  ||  SC Clarifies Whether a Co-Operative Society Can Act as a Resolution Applicant under the IBC  ||  Chhattisgarh High Court: Innocent Litigants Should Not be Penalized For Lapses by Their Lawyers  ||  Delhi High Court: Marriage With the Victim Cannot Absolve an Accused of Rape under POCSO  ||  J&K&L HC: Acquisition Lapses if 80% Compensation is Unpaid Before Possession under Section 17A  ||  Delhi HC: Policy Number is Not Mandatory For LIC Details under RTI, But Basic Details are Required  ||  SC: Courts Must Curb Unlicensed Money Lenders; Probes Need Not Wait For New Law    

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