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    <title>2025 (7) TMI 1100 - ITAT DELHI</title>
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    <description>The ITAT Delhi ruled in favor of the assessee in a case involving assessment under Section 153A following a search operation. The AO had disallowed an exemption claimed under Section 54F, but the Tribunal found this disallowance was beyond the scope of assessment under Section 153A since no incriminating material was seized during the search that supported this addition. The assessment for AY 2015-16 had not abated on the search date of 22/10/2016 as no assessment was pending. The AO relied on documents obtained during regular assessment proceedings rather than seized materials. Applying the Supreme Court precedent in Abhisar Buildwell, the Tribunal held that additions made without basis in incriminating material found during search are beyond jurisdiction under Section 153A. The assessee&#039;s appeal was allowed and the additions were deleted.</description>
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    <pubDate>Mon, 30 Jun 2025 00:00:00 +0530</pubDate>
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      <title>2025 (7) TMI 1100 - ITAT DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=775032</link>
      <description>The ITAT Delhi ruled in favor of the assessee in a case involving assessment under Section 153A following a search operation. The AO had disallowed an exemption claimed under Section 54F, but the Tribunal found this disallowance was beyond the scope of assessment under Section 153A since no incriminating material was seized during the search that supported this addition. The assessment for AY 2015-16 had not abated on the search date of 22/10/2016 as no assessment was pending. The AO relied on documents obtained during regular assessment proceedings rather than seized materials. Applying the Supreme Court precedent in Abhisar Buildwell, the Tribunal held that additions made without basis in incriminating material found during search are beyond jurisdiction under Section 153A. The assessee&#039;s appeal was allowed and the additions were deleted.</description>
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      <pubDate>Mon, 30 Jun 2025 00:00:00 +0530</pubDate>
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