ASHISH GARG ,NOIDA vs. ACIT CENTRAL CIRCLE-2 , DELHI
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that for unabated assessments, additions can only be made based on incriminating material found during the search. Since no such material was found, the addition made by the AO was invalid.
What were the facts?
The assessee's appeal is against an addition made under Section 153A for AY 2016-17. The assessment was unabated at the time of search, and no incriminating material was found.
What were the issues?
Whether additions under Section 153A are permissible in an unabated assessment year without any incriminating material found during the search.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “A” BENCH, DELHI
Before: SHRI ANUBHAV SHARMA & SHRI MANISH AGARWAL
PER ANUBHAV SHARMA, JM:
This appeal is preferred by the assessee against the order dated
25.09.2025 of the Ld. Commissioner of Income Tax (Appeals)-31, Delhi
(hereinafter referred as Ld. First Appellate Authority or in short Ld. ‘FAA’)
in DIN & Order No.: ITBA/APL/S/250/2025-26/1081171770(1) arising out
P a g e | 2 ITA No.6434/Del/2025 Ashish Garg (AY: 2016-17) of the order dated 09.04.2021 u/s 153A of the Income Tax Act, 1961
(hereinafter referred to as ‘the Act’) passed by the ACIT, Central Circle-2,
New Delhi for AY: 2016-17.
We find that primarily the contention of assessee is that the addition
was made by the assessing officer beyond the scope of Section 153A of the
Act as there was no incriminating material/evidence found during the course
of search and the reliance has been placed on the decision of Hon’ble Delhi
High Court in CIT Vs. Kabul (2015) Chawla 61 taxmann.com 412 (Delhi).
Admittedly the date of search is 7.12.2018 and as on date of search no
assessment for the year under consideration was pending, thus, it is the case
of unabated assessment.
Hon’ble Delhi High Court in case of Kabul Chawla (supra) and
thereafter in Abhisar Buildwell 454 ITR 212 Hon’ble Supreme Court has
categorically laid down that in case of unabated assessment it is only the
incriminating material found during search can be relied.
We find that additions have been made in respect of cash deposited in
the account of 3 other companies. After going through the assessment order
we find that allegation is that assessee was engaged in the paper companies
P a g e | 3 ITA No.6434/Del/2025 Ashish Garg (AY: 2016-17) which have been attributed to the assessee by lifting and corporate veil. Thus,
admittedly, no addition was made on the basis of any material found during
the search and what assessing officer has examined is source of cash deposit
made in various bank account of alleged paper companies. Thus, certainly in
regard to present assessment year being unabated assessment year the
impugned addition in the hands of assessee could not have been made. Thus,
we sustain the ground No. 3 and appeal is allowed.
Order pronounced in the open court on 29.04.2026
Sd/- Sd/- (Manish Agarwal) (Anubhav Sharma) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated 29.04.2026 Rohit, Sr. PS
More judgments on Section 153A
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Ashok Singh, Jaipur vs ACIT, Circle-2 Jaipur, JaipurITA 1540/JPR/2025[2015-16]Status: Disposed21 Oct 2026AY 2015-16
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