2023 (11) TMI 443

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....(DR) ORDER PER DR. B.R.R. KUMAR :- The present appeal has been filed by the Revenue against the order of ld. CIT(A)-27, New Delhi dated 11.09.2019. 2. We have examined the facts of the case and find that the addition has not been made based on the material found and seized during the search & seizure operations conducted on 22.10.2016. The issue with regard to addition in the absence of incrim....

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....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. The Hon'ble Delhi High Court in the case of Pr. CIT vs. Meeta Gutgutia (2017) 395 ITR 526 in paras 69 to 72 has held as under: ....

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....orementioned reasons, the Court is of the view that the ITAT was justified in holding that the invocation of Section 153A by the Revenue for the AYs 2000-01 to 2003-04 was without any legal basis as there was no incriminating material qua each of those AYs. Conclusion 72. To conclude: (i) Question (i) is answered in the negative i.e., in favour of the Assessee and against the Revenue. It is ....