PCIT Vs Mirage Homes Ltd. (Delhi High Court)
No Incriminating Material, No 153A Assessment: Completed Assessment Cannot Be Disturbed Without Incriminating Evidence: HC Reaffirms
Delhi High Court dismissed Revenue’s appeal against the ITAT order dated 16.01.2023 for AY 2004-05. The Court noted that an identical appeal of the same assessee for AY 2007-08 (ITA 686/2025) had already been dismissed on 28.11.2025. In that case, both CIT(A) & Tribunal had concurrently recorded a categorical finding that no incriminating material whatsoever was found during the search, & therefore reassessment u/s 153A for an unabated/completed assessment year could not survive. The Tribunal had correctly relied on Kabul Chawla & the Supreme Court decision in Abhisar Buildwell (2024) 2 SCC 433, holding that additions in completed assessments are impermissible without incriminating material.
Since AY 2004-05 in the present appeal stood on identical footing—no incriminating material, concurrent factual findings by CIT(A) & ITAT, & settled legal position—the Court held that no substantial question of law arises. The appeal was therefore dismissed following the same reasoning as the AY 2007-08 judgment.
FULL TEXT OF THE JUDGMENT/ORDER OF DELHI HIGH COURT
CM APPL. 75442/2025, CM APPL. 75443/2025
1. For the reasons stated in the applications, the delay of 73 days in filing and 708 days in re-filing the present appeal stands condoned.
