Unabated assessment cannot be reopened u/s 153A in absence of incriminating material

Omprakash Gupta Vs ACIT (Central)- II (ITAT Indore)

Conclusion: No addition could be made in case of concluded assessments and non abated assessments in absence of an incriminating material discovered during search.

Held:  In the assessment order,  AO observed that once search was conducted and notice was issued u/s 153A, AO was bound to issue notice to assessee to furnish return for each assessment year falling within 6 assessment years, immediately preceding to the assessment year

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