AO have power to interfere with a completed assessment in the absence of incriminating seized material?

Last updated: 11 August 2021

Court :
ITAT Delhi

Brief :
This appeal by the Revenue is preferred against the order of the CIT(A) - 23, New Delhi dated 28.02.2018 pertaining to A.Y 2012-13.

Citation :
ITA No. 3160/DEL/2018

IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI ‘A’ BENCH,
NEW DELHI [THROUGH VIDEO CONFERENCE]
BEFORE SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER, AND
SHRI K.N. CHARY, JUDICIAL MEMBER
ITA No. 3160/DEL/2018
[A.Y 2012-13]

The A.C.I.T

Central Circle - 4 54,

[Appellant]

Vs.

Shri Anand Persad Jaiswal

Ring Road, Lajpat Nagar -III
New Delhi

PAN: ADRP 2549 M

[Respondent]

Assessee by : Shri Pradeep Chand, CA
Revenue by : Shri Satpal Gulati, CIT-DR
Date of Hearing : 27.07.2021
Date of Pronouncement : 27.07.2021
ORDER

This appeal by the Revenue is preferred against the order of the CIT(A) - 23, New Delhi dated 28.02.2018 pertaining to A.Y 2012-13.

2. On the facts and in the circumstances of the case, the Id.CIT(A) erred in deleting the addition made under section 153A of the Income Tax Act, 1961 by holding that the assessing officer had no power to interfere with a completed assessment in the absence of incriminating seized material, when there is no such restriction placed on the power of the assessing officer under section 153A of the Income-Tax Act, 1961.

3. Before us, the ld. DR fairly conceded that qua the addition, no incriminating material was found during the course of search proceedings.

4. In the result the appeal of the Revenue in ITA No. 3160/DEL/2018 is dismissed.

The order is pronounced in the open court in the presence of both the rival representative on 27.07.2021.

Please find attached the enclosed file for the full judgement