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