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Addition based on Post Search Enquiries invalid if no Incriminating Material found During Search
Case Law Details
- Case Name
- Mahalaxmi Buildwell India Pvt. Ltd. Vs DCIT (ITAT Delhi)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2009-10 & 2010-11
- Courts
- All ITAT, ITAT Delhi
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Mahalaxmi Buildwell India Pvt. Ltd. Vs DCIT (ITAT Delhi)
We find, the AO, in the instant case, has made addition of Rs.17,15,113/- for assessment year 2009-10 and Rs.30 lacs for assessment year 2010-11 in the orders passed u/s 153A r.w. section 143(3). A perusal of the assessment order shows that the addition of Rs.16,77,983/- out of the total addition of Rs.17,15,110/- for A.Y. 2009-10 and Rs.30 lacs in A.Y. 2010-11 is not based on any incriminating material found during the course of search. The addition has been made on the basis of post search enquiries. W e find the Hon’ble Delhi High C...





