Case Law Details
Meena Nayyar Vs ACIT (ITAT Delhi)
The Income Tax Appellate Tribunal (ITAT), Delhi Bench, has recently, in an appeal filed before it, held that no additions can be made de hors any incriminating material for assessment under Section 153A of the Income Tax Act.
The aforesaid observation was made by the Delhi ITAT, when appeals were filed before it by the assessee, as against the four separate orders of the CIT (Appeals), New Delhi, all dated 29.08.2019 for Assessment Years 2011-12, 2013-14, 2014-15 7 2015-16.
The common thread running through the assessee’s appeals being that additions had been made de hors any incriminating material as it is an assessment under Section 153A of the Income Tax Act, 1961 pursuant to search, the brief facts of the case were that a search & seizure operation and survey operation under Section 132/132A of the Income Tax Act was conducted by the Investigation Wing of the Department on 18.11.2016 in Nayyar Group of cases.
In the said operation, the assessee’s residential premise was also covered. And, a notice under Section 153A of the Income Tax Act was issued.
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