2023 (6) TMI 1484

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... ld. counsel submitted the assessee in both the appeals seeks permission to raise following grounds before the Tribunal based on the judgment of Hon'ble jurisdictional High Court of Delhi in the case of CIT vs. Kabul Chawla 380 ITR 573 (Del.):- 1. "That having regard to the facts and circumstances of the case Ld. CIT(A) ought to have deleted the addition on the ground that there was no incriminating material found as a result of search and the assessment attained the finality, more so in view of judgment of Hon'ble High Court of Delhi in case of CIT vs. Kabul Chawla, (2016) 380 ITR 0573." 2. "That in any case and in any view of the matter, action of Ld. CIT(A) innot deleting the addition on the ground that there was no inc....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....t for AY 2010-11 the assessee filed return of income on 07.10.2010 which was processed u/s. 143(1) of the Act, without any addition. The ld. counsel further submitted that similarly the assessee filed return of income for AY 2011-12 on 17.09.2011 which was also processed u/s. 143(1) of the Act, and hence as on the date of search i.e. 25.04.2014 the assessment for both the AY 2010-11 & 2011-12 was completed/unabated assessment and hence in view of preposition rendered by Hon'ble High Court of Delhi in the case of Kabul Chawla (supra) no addition could have been made in absence of any incriminating material found and seized during the course of search and seizure operation u/s. 132 of the Act. 6. The ld. counsel drawing our attention towar....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....f search i.e 25.04.2014 the assessments for both the years were completed by way of issuing intimation u/s. 143(1) of the Act, and thus the same were completed or unabated assessment years as on the date of search. As per judgment of Hon'ble jurisdictional High Court of Delhi in the case of Kabul Chawla (supra) in absence of any incriminating material found and seized during the course of search and seizure operation u/s. 132 of the Act no addition can be in the hands of assessee in the case of completed/unabated assessment years. Accordingly grounds raised by the assessee in the application under rule 27 of ITAT Rules 1963 deserve to be allowed and the additions made by the Assessing Officer are directed to be deleted. 9. Since, we have....