TaxTMI 
TaxTMI 
2022 (11) TMI 628
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....l./2017 for the Assessment Year ('AY') 2010-11, ITA No.5033/Del./2017 for AY 2011-12, ITA No.5069/Del./2017 for AY 2008-09, ITA No.5031/Del./2017 for AY 2009-10. 2. Learned Counsel for the Appellant states that the ITAT has erred in holding that additions which were not based on incriminating material found during the search could not be made in assessments under section 153A of the Income Tax Act, 1961 (the 'Act') and, consequently, deleted additions without going into merits of the same. 3. He states that the ITAT has erred in relying upon the judgement of this Court in the case of CIT vs Kabul Chawla 380 ITR 573 (Del) ignoring the fact that Revenue's SLP bearing Diary No.37848/2015, on similar issue is pending before the Supreme Co....
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....nds that the conclusion reached in Kabul Chawla (supra) has been summarized in PCIT vs. Meeta Gutgutia, (2017) 82 taxmann.com 287 Del. The relevant portion of the Judgment passed in PCIT vs. Meeta Gutgutia (supra) is reproduced hereinbelow:- "37. On a conspectus of Section 153A(1) of the Act, read with the provisos thereto, and in the light of the law explained in the aforementioned decisions, the legal position that emerges is as under: i. Once a search takes place under Section 132 of the Act, notice under Section 153 A (1) will have to be mandatorily issued to the person searched requiring him to file returns for six AYs immediately preceding the previous year relevant to the AY in which the search takes place. ii. Assessments and ....
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....e the original assessment and the assessment under Section 153A merges into one. Only one assessment shall be made separately for each AY on the basis of the findings of the search and any other material existing or brought on the record of the AO. vii. Completed assessments can be interfered with by the AO while making the assessment under Section 153 A only on the basis of some incriminating material unearthed during the course of search or requisition of documents or undisclosed income or property discovered in the course of search which were not produced or not already disclosed or made known in the course of original assessment." 6. Even, this Court in Principal Commissioner of Income Tax vs. Bhadani Financiers Pvt. Ltd., [2021] SC....