No Incriminating Material, No 153A Addition: ITAT Bangalore Deletes Massive Additions in JDA Search Case

ACIT Vs Lakkanna Durgappa (ITAT Bangalore) The Bangalore ITAT held that registered JDAs and Occupancy Certificates already disclosed to the Department prior to search cannot be treated as “incriminating material” for invoking section 153A/153C in concluded assessments. Relying on the Supreme Court ruling in PCIT v. Abhisar Buildwell Pvt. Ltd., the Tribunal ruled that where no fresh incriminating material is unearthed during search, additions in completed assessments are unsustainable. The assessee had already disclosed the JDAs and project details during proceedings under section 131 much ...