In absence of incriminating material found during search concluded assessments cannot be reopened U/s. 153A

A perusal of the common order of the ITAT shows that it first dealt with one common ground raised by the Assessee in all its appeals which concerned the jurisdictional issue of the validity of the invocation of Section 153A of the Act by the Revenue. It was contended that for the AYs 2000- 01 to 2003- 04, there was no incriminating material seized during the course of search and, therefore, the assessment order in respect of those AYs ought to be quashed. The ITAT, following the decisions of this Court in Kabul Chawla (supra) and Pr. CIT Vs. Lata Jain [2016] 384 ITR 543 (Del), accepted the abo...