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Unabated assessment cannot be reopened u/s 153A in absence of incriminating material
Case Law Details
- Case Name
- Omprakash Gupta Vs ACIT (Central)- II (ITAT Indore)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2008-09 to 2012-13
- Courts
- All ITAT, ITAT Indore
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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 relevant to the previous year in which search was conducted or requisition was made. Even though assessment or...






