Addition could be made only if some incriminating document was found during search

In the present case it is apparent that on the date of search be on 12/09/2007, the assessments for assessment year 2004-05 & 2005-06 were already completed. There was no incriminating material found during search for these years as is apparent from arguments of Ld. AR and from records and Ld. Departmental Representative did not bring to our notice regarding any incriminating material having been found during search. Therefore following the Judicial Precedents, we are of the opinion that though assessments for the above year were bound to be reopened but additions could be made only if some incriminating document was found during search.

In view of the above, ground no.1 of appeal filed by assessee is allowed and we hold the assessment orders for above years as null and void ab inito.

ITAT BENCH ‘E’ NEW DELHI

ITA Nos. 4212 & 4213/DEL/2011

Assessment Year: 2004-05 & 2005-06

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