2023 (1) TMI 176

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....Rochit Abhishek, Advs. Respondents Through: Mr Ajit Sharma, Sr. Standing Counsel with Mr A. Ranganath, Advocate. O R D E R [Physical Hearing/Hybrid Hearing (as per request)] 1. This writ petition lays challenge to the order dated 31.03.2022 issued by respondent no.1, concerning Assessment Year (AY) 2018-19. This order has been triggered, on account of the petitioner being intercepted at the a....

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...., Bhubaneswar [2021] 132 taxmann.com 267 (Orissa) (ii) Smt. Smrutisudha Nayak v. Union of India [2022] 136 taxmann.com 162 (Orissa) (iii) Principal Commissioner of Income-tax, Central-2, New Delhi v. Meeta Gutgutia [2017] 82 taxmann.com 287 (Delhi) (iv) Jai Steel (India), Jodhpur v. ACIT [2013] 36 Taxman 523 (Raj.) (v) CIT v. Jayaben Ratilal Sorathia (2013) 7 TMI 850 (Guj.) 3. In support ....

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....uisition. If in relation to any assessment year, no incriminating material is found, no addition or disallowance can be made in relation to that assessment year in exercise of powers under section 153A of the Act and the earlier assessment shall have to be reiterated. In this regard, this court is in complete agreement with the view adopted by the Rajasthan High Court in the case of Jai Steel (Ind....

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.... According to us, having regard to the decision rendered by not only the coordinate bench of this Court in CIT v. Kabul Chawla [2016] 380 ITR 573, but also by the Orissa High Court, Rajasthan High Court and the Gujarat High Court, prima facie, the submission advanced by Mr Upadhayay, that incriminating material should relate to the AY in issue is correct. Since in this case, the incriminating mate....