BHUPENDRA SINGH RATHORE,JAIPUR vs. ACIT CEN CIR 2, JAIPUR
What did the Tribunal hold?
The Tribunal held that for completed and non-abated assessments, additions under Section 153A can only be made if there is incriminating material found during the search. Since no such material was found, the additions were not sustainable.
What were the facts?
A search and seizure action was conducted, leading to reassessments under Section 153A of the Income Tax Act for several assessment years. The assessee's assessments for the years under appeal were already completed and not abated before the search.
What were the issues?
Whether additions under Section 153A are permissible in cases of completed/non-abated assessments 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, JAIPUR BENCHES, “SMC” BENCH, JAIPUR
Before: SHRI SANJAY GARG
P a g e | 1 ITA Nos.1351,1352 & 1357/JPR/2025 Bhupendra Singh Rathore IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES, “SMC” BENCH, JAIPUR BEFORE SHRI SANJAY GARG, JUDICIAL MEMBER ITA Nos.1351, 1352 & 1357/JPR/2025 (Assessment Years:2013-14, 2015-16 & 2016-17)
Bhupendra Singh Rathore Vs. ACIT, 101/28, Patel Marg Central Circle 2 Mansarover, Jaipur Jaipur 302020 �थायीलेखासं./जीआइआरसं./PAN/GIR No:AIDPR6209H Appellant .. Respondent
Appellant by : Sh. Ram Choudhary, C.A. & Sh. Rohan Sogani, C.A. Respondent by : Sh. Gaurav Awasthi, JCIT
Date of Hearing 23.03.2026 Date of Pronouncement 19.05.2026 O R D E R The captioned three appeals have been preferred by assessee against the separate orders dated 23.07.2025 of Ld. Commissioner of Income Tax Appeal (hereinafter referred to as “Ld. CIT(A)”) for different assessment years u/s 250 of the Income Tax Act, 1961 (in short “Act”). 2. A search and seizure action was carried out in the case of assessee on 2nd August 2017, pursuant to that, assessment for six assessment years
P a g e | 2 ITA Nos.1351,1352 & 1357/JPR/2025 Bhupendra Singh Rathore from the date of search were reopened and assessments was carried out u/s 153A of the Act. The learned Counsel for the assessee inviting my attention to the impugned assessment orders for the assessment years under consideration has submitted that none of the additions in the impugned assessment orders have been based on any incriminating material found during course of search action. The assessment for the assessment years under consideration stood completed/not abated on the date of search action. The issue is squarely covered by the decision of Hon’ble Supreme Court in the case of CIT Vs. Abhisar Buildwell [2023] 149 taxmann.com 399 [SC] 454 ITR 212 (SC), wherein it has held that in case of completed/non-abated assessments, no addition can be made in an assessment carried out u/s 153A of the Act, in the absence of any incriminating material found during the course of search action. Therefore, the additions pertaining to the captioned assessment years are not sustainable, the same are accordingly, order to be deleted. 3. In the result, all the captioned three appeals of the assessee stand allowed. Order is pronounced under provision of Rule 34 of ITAT Rules, 1963 on 19/05/2026.
Sd/- (Sanjay Garg) Judicial Member Dated 19.05.2026 Mittali, Sr. PS
P a g e | 3 ITA Nos.1351,1352 & 1357/JPR/2025 Bhupendra Singh Rathore Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT By Order,
Asst. Registrar ITAT, Jaipur
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