https://www.taxtmi.com/caselaws?id=194882 The Tribunal allowed the appeal, directing the deletion of the disallowance under section 40A(3) of the Income Tax Act. It was held that the Assessing Officer lacked jurisdiction to make the disallowance under section 153A without incriminating material post assessment finalization. The Tribunal emphasized that additions without such material are impermissible, citing the principle established in CIT vs. Kabul Chawla. As the assessment was completed before the search and no subsequent notice was issued, the disallowance was deemed unsustainable. The decision underscored the significance of incriminating material for post-assessment additions and upheld the assessee's rights. en-us Thu, 28 Jul 2016 00:00:00 +0530 Thu, 05 Oct 2017 09:32:50 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=194882 The Tribunal allowed the appeal, directing the deletion of the disallowance under section 40A(3) of the Income Tax Act. It was held that the Assessing Officer lacked jurisdiction to make the disallowance under section 153A without incriminating material post assessment finalization. The Tribunal emphasized that additions without such material are impermissible, citing the principle established in CIT vs. Kabul Chawla. As the assessment was completed before the search and no subsequent notice was issued, the disallowance was deemed unsustainable. The decision underscored the significance of incriminating material for post-assessment additions and upheld the assessee's rights. Case-Laws Income Tax Thu, 28 Jul 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=194882