2017 (10) TMI 1672 - HC - Income Tax

ITAT decision deleting Section 153A additions after Section 68 search upheld, revenue appeal dismissed

Delhi HC upheld ITAT's decision deleting additions under Section 153A following a search under Section 68. The ITAT had followed precedent from ... Additions u/s 153A - assessment pursuant to search made u/s 68 - ITAT deleted addition HELD THAT:- This Court notices that the ITAT followed the rule of Commissioner of Income Tax vs. Kabul Chawla [2015 (9) TMI 80 - DELHI HIGH COURT] decided for previous years – in respect of the same search assessment. The setting aside of the additions under Section 68 of the Income Tax by the ITAT was upheld in Best Infrastructure India (P.) Ltd., [2017 (10) TMI 1006 - DELHI HIGH COURT] No question of law, therefore, arises in these appeals The Delhi High Court, in appeals under Section 260A of the Income Tax Act, addressed the deletion of additions made under Section 68 pursuant to search assessments under Section 153A. The Income Tax Appellate Tribunal (ITAT) had set aside these additions, relying on the precedent in Commissioner of Income Tax vs. Kabul Chawla, (2016) 380 ITR 573 (Del.), which pertained to earlier years of the same search assessment. The Court noted that this approach was recently upheld in Pr. Commissioner of Income Tax vs. Best Infrastructure India (P.) Ltd., ITA 869/2017. Consequently, the Court held that 'no question of law, therefore, arises in these appeals,' and dismissed them. Additionally, applications for exemption and delay in re-filing were allowed, with delays condoned.