No Section 153A/153C addition If no Incriminating Material found during Search

PCIT Vs Mamta Agarwal (Delhi High Court)

HC held that if no incriminating material is found during the course of Income Tax search in respect of an issue, then no addition in respect of such an issue can be made in the assessment under Sections 153A and 153C of Income Tax Act, 1961.

ITAT held that since no assessment was pending for the relevant assessment year 2010-11 on the date of search and no incriminating material was found during the course of search, the issue is covered in favour of the asses

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