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1 - 3 of 3 (0.17 seconds)Commissioner Of Income Tax (Central) ... vs Kabul Chawla on 29 March, 2016
Before the Tribunal, the assessee raised an
additional legal contention on the validity of order
under section 153A of the Act on the ground that no
incriminating material was found during the search
with the aid of which the additions could have been
made. Ignoring the objections of the department to
raise the additional grounds, the Tribunal permitted
the assessee to raise it on the premise that the same
was a legal contention which would go to the root of
the matter. The Tribunal thereupon held that there
was no incriminating material found during the search
with the aid of which, the Assessing Officer could
have made the additions. The Tribunal relied on the
decision of Delhi High Court in case of CIT vs Kabul
Chawla reported in (2016) 380 ITR 573 (Delhi) and on
the decisions of this Court in case of M/s. Desai
Construction Pvt. Ltd. dated 20.07.2016 and Saumya
Construction Pvt. Ltd. dated 14.03.2016. The Tribunal
also was of the view that in three assessment years
involved the assessments could not be held to be
pending as per the second proviso to section 153A(1)
of the Act on the ground that the time limit for
Page 3 of 5
HC-NIC Page 3 of 5 Created On Sun Sep 10 05:42:40 IST 2017
O/TAXAP/469/2017 ORDER
issuing notice under subsection (2) of section 43 of
the Act has expired long before the search was carried
out.
Section 43 in The Income Tax Act, 1961 [Entire Act]
1