Case Law Details
Mrs. Mona Agarwal & Anr. Vs ACIT (ITAT Delhi)
Conclusion: Where there were no incriminating materials found with respect to the disallowance of expenditure made by AO, addition could not be made under section 153A by reopening the assessment on the matter, which was examined earlier during original assessment.
Held: During search operation, AO made addition by reopening the assessment under section 153A. It was held without any incriminating material during the course of search operation, addition could not be made by reopening the assessment on the matter, which was examined earlier during original assessment concluded under section 143(3). Admittedly there were no incriminating materials found with respect to the disallowance of expenditure made by AO.
FULL TEXT OF THE ITAT JUDGMENT
This appeal is preferred by assessee against the order of Commissioner of Income Tax (Appeals)–3, Gurgaon, dated 10.12.2014, for assessment year 2008-09 wherein the assessee has raised following grounds :-
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