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Commissioner Of Income Tax (Central) ... vs Kabul Chawla on 29 March, 2016

The judgment of the Hon'ble Delhi High Court in the case of Kabul Chawla (supra) is very specific which has been discussed above. The time limit to issue notice u/s 143(2) of the Act has expired long back. Hence, it is an unabated assessment year and this assessment can be tinkered with only if incriminating material pertaining to this year has been found during the course of search. In view of the above discussion and respectfully following the judgments of various Hon'ble High Courts and Co-ordinate Benches, we allow the preliminary ground of the appeal and delete the additions made in the 29 IT(SS)A No. 110/KOL/2022 Assessment Year: 2006-2007 & C.O. No. 21/KOL/2022 [in IT(SS)A No. 110/KOL/2022] Dinesh Kumar Himatsingka assessment order dt. 30/03/2015 passed u/s 153A r.w.s. 143(3) of the Act".
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