2021 (10) TMI 1147

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....has not filed any application seeking adjournment. Considering the above, we proceed to dispose of the appeals ex parte qua the assessee after hearing the learned departmental representative and based on materials available on record. 3. Briefly the facts, more or less common, in all these appeals are, the assessee is a resident company engaged in job work of ready-made garments and intermediate chemicals. For the assessment years under dispute, assessee had filed its returns of income under section 139(1) of the Income Tax Act, 1961 and the returns so filed were processed under section 143(1) of the Act. Subsequently, on 24-09-2013 a search and seizure operation under section 132(1) of the Act was conducted in case of Anjaneya Healthcare ....

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.... appeals before learned Commissioner (Appeals) inter alia on the ground that in a proceeding initiated under section 153C of the Act, no addition/disallowance can be made in absence of any incriminating material found as a result of search and seizure operation. Accepting the submission of the assessee learned Commissioner (Appeals) held that, since the assessments for the impugned assessment years have not abated, additions, if any, can be made only with reference to incriminating material found as a result of search and seizure operation. Thus, he held that no addition could have been made by the assessing officer in absence of incriminating material found during search. Accordingly, he deleted the additions made by the assessing officer ....