No Additions in Completed Assessments u/s 153A Without Incriminating Material: ITAT Kolkata

DCIT Vs Balajee Vinimay Pvt. Ltd. (ITAT Kolkata)

In the case DCIT vs. Balajee Vinimay Pvt. Ltd. (ITAT Kolkata), the issue revolves around the applicability of section 153A of the Income Tax Act in cases where the assessment is already completed (unabated) before the search. The revenue filed an appeal challenging the decision of the CIT(A) who had deleted the additions made by the Assessing Officer (AO) under section 68 for bogus share capital and profits from the sale of shares. The AO had made these additions without referring to any incriminating material seized during

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