CIT v. Continental Warehousing Corporation (Nhava Sheva) Ltd.

374 ITR 645High Court2015#14 most cited

What is CIT v. Continental Warehousing Corporation (Nhava Sheva) Ltd. authority for?

In Section 153A proceedings, the scope of assessment extends to abated proceedings, enabling an assessee to raise fresh legal claims that could have been made in regular assessment proceedings.

1,823

judgments rely on this decision, according to BharatTax’s citation analysis of 367,368 Indian tax judgments — from 2015 to 2026.

Also referred to as

Continental Warehousing Corporation · Section 153A · scope of 153A assessment · abated proceedings · fresh claims in search assessment · assessee's claims 153A · Section 132 · assessment procedure · search and seizure assessment

Also reported as

58 Taxmann.com 78

Sections most often in play

Section 153ASection 132Section 143(3)Section 147Section 148Section 153CSection 68Section 69A

Issues it is cited on

casus omissussection 158b(b)section 158bb(1)section 153(a)section 153a(1)(b)section 158bbdeemed dividendsection 153(1)section 2(22)section 2(22)(e)section 153a(1)section 132a

Judgments citing CIT v. Continental Warehousing Corporation (Nhava Sheva) Ltd.

Anand Jain HUF, New Delhi vs. DCIT, Central Circle- 25, New Delhi

In the result, the appeal of the assessee is allowed

ITA 5945/DEL/2018[2014-15]Status: DisposedITAT Delhi30 Jul 2019AY 2014-15

Bench: Shri H.S. Sidhu & Shri B.R.R. Kumar

Section 127Section 132Section 153ASection 153C

…CIT vs. Kabul Chawla (2016) 380 ITR 573 and Hon’ble Gujarat High Court in the case of PCIT vs. Sunrise Finlease (P) Ltd, (2018) 89 taxmann.com 1 and Hon’ble Bombay High Court in the case of CIT vs. Continental Warehousing Corporation (Nhava Sheva) Ltd, (2015) 374 ITR 645. Thus, we find that the Assessing Officer lack jurisdiction to make addition on account of alleged bogus purchases in the absence of any incriminating material found.” (E) ITAT, ‘C’ Bench, Bangalore decision dated 28.6.2019 in the case of M/s VSL Mining Company Pvt. Ltd. Vs. DCIT in ITA No. 1854/Bang/2013 (AY 2008-09) and ACIT vs. M/s VSL Mining…

Deputy Commissioner of Income Tax Central Circle-6(2), Mumbai vs. Mihir Nerurkar, Mumbai

The appeal of the revenue is dismissed

ITA 4900/MUM/2017[2011-12]Status: DisposedITAT Mumbai12 Jul 2019AY 2011-12

Bench: Shri Shamim Yahya & Shri Ravish Sooddcit, Cc-6(2) Shri Mihir Nerurkar R. No. 1903, 19Th Floor, G-8, Shrikant Chambers Air India Builidng, Next To R.K. Studio Vs. Nariman Point, Sion Trombay Road, Mumbai – 400 021 Chembur, Mumbai-400071 Pan – Aaapn3999H (Appellant) (Respondent)

For Appellant: Shri H.N. Singh &For Respondent: Shri Rishabh Shah, A.R
Section 131Section 139Section 143(2)Section 144Section 153ASection 50C

…P a g e | 1 ITA No. 4900/Mum/2017 AY. 2011-12 DCIT, CC-6(2) Vs. Shri Mihir Nerurkar IN THE INCOME TAX APPELLATE TRIBUNAL “D” Bench, Mumbai Before Shri Shamim Yahya, Accountant Member and Shri Ravish Sood, Judicial Member DCIT, CC-6(2) Shri Mihir Nerurkar R. No. 1903, 19th Floor, G-8, Shrikant Chambers Air India Builidng, Next to R.K. Studio Vs. Nariman Point, Sion Trombay Road, Mumbai – 400 021 Chembur, Mumbai-400071 PAN – AAAPN3999H (Appellant) (Respondent) Appellant by: Shri H.N. Singh & Shri D.G.Pansari, D.Rs Respondent by: Shri Rishabh Shah, A.R Date of Hearing: 26.06.2019 Date of Pronouncement: 12.0…

Bradma Logistics Parks Private Limited, Mumbai vs. Principal Commissioner of Income Tax - Central - 4, Mumbai

In the result, both, the appeals of the assessee are allowed

ITA 2756/MUM/2018[2010-11]Status: DisposedITAT Mumbai05 Jul 2019AY 2010-11

Bench: Sri Mahavir Singh, Jm & Sri Rajesh Kumar, Am Aayakr Apila Sam./ Ita No. 2755/Mum/2018 (Inaqa-Arna Baya- / Assessment Year 2009-10) Aayakr Apila Sam./ Ita No. 2756/Mum/2018 (Inaqa-Arna Baya- / Assessment Year 2010-11)

For Appellant: Shri Rakesh Joshi, ARFor Respondent: Shri Ajay Kumar, DR
Section 143(3)Section 153ASection 153DSection 263

…its directors no incriminating material pertaining to receipt of bogus share capital (along with premium) was found, therefore, in the backdrop of the judgment of Hon’ble High Court of Bombay in the case of CIT Vs. Continential Warehousing Corporation (2015) 374 ITR 645 (Bom) no addition on the said aspect could have been made by the A.O while framing the assessment under Sec.153C r.w.s. 143(3) of the IT Act. 11. We thus in terms of our aforesaid observations are of the considered view that the order passed by the A.O under Sec. 143(3) r.w.s. 263, dated 01.04.2015 cannot be held to be erroneous. As a result ther…

Bradma Logistics Parks Private Limited, Mumbai vs. Principal Commissioner of Income Tax - Central - 4, Mumbai

In the result, both, the appeals of the assessee are allowed

ITA 2755/MUM/2018[2009-10]Status: DisposedITAT Mumbai05 Jul 2019AY 2009-10

Bench: Sri Mahavir Singh, Jm & Sri Rajesh Kumar, Am Aayakr Apila Sam./ Ita No. 2755/Mum/2018 (Inaqa-Arna Baya- / Assessment Year 2009-10) Aayakr Apila Sam./ Ita No. 2756/Mum/2018 (Inaqa-Arna Baya- / Assessment Year 2010-11)

For Appellant: Shri Rakesh Joshi, ARFor Respondent: Shri Ajay Kumar, DR
Section 143(3)Section 153ASection 153DSection 263

…its directors no incriminating material pertaining to receipt of bogus share capital (along with premium) was found, therefore, in the backdrop of the judgment of Hon’ble High Court of Bombay in the case of CIT Vs. Continential Warehousing Corporation (2015) 374 ITR 645 (Bom) no addition on the said aspect could have been made by the A.O while framing the assessment under Sec.153C r.w.s. 143(3) of the IT Act. 11. We thus in terms of our aforesaid observations are of the considered view that the order passed by the A.O under Sec. 143(3) r.w.s. 263, dated 01.04.2015 cannot be held to be erroneous. As a result ther…

DCIT, New Delhi vs. M/S. L.T. Foods Ltd., New Delhi

In the result, we reverse the order of the learned CIT – A income from the above disallowances and allow the appeal of the assessee to these extent

ITA 4044/DEL/2013[2005-06]Status: DisposedITAT Delhi03 Jul 2019AY 2005-06

Bench: Shri Bhavnesh Saini & Shri Prashant Maharishi

For Appellant: Shri J. K. Mishra, CIT DRFor Respondent: Shri Ajay Vohra, Sr. Adv
Section 132Section 142Section 143(3)Section 148Section 153ASection 40A(3)Section 80H

…t in proceedings under section 153A even the jurisdictional issues can be raised by the assessee. For this proposition, he referred to the decision of the All Cargo Logistics Ltd of special bench which has been confirmed by the honourable Bombay High Court in 374 ITR 645. 13. With respect to the other disallowance of INR 8 620/– under section 40A (3) of the act he stated that there is no incriminating material found during the course of search and merely on the basis of the comments in special audit report the addition cannot be made. He further stated that addition could only be made in case of concluded assessm…

DCIT -CC- 3(1), Mumbai vs. Kalpana S. Mardia, Mumbai

The appeal of the revenue is dismissed

ITA 3091/MUM/2018[2009-10]Status: DisposedITAT Mumbai19 Jun 2019AY 2009-10

Bench: Shri G. Manjunatha & Shri Ravish Soodita Nos.3091, 3092 & 3094/Mum/2018 (Assessment Years: 2009-10, 2010-11 & 2013-14) Dy. Comissioner Of Income-Tax, Kalpana S. Mardia Central Circle-3(1), 401, Bhagwati Building, Room No. 1924, Plot No. 77, Nutan Laxmi Society, Vs. Air India Building, N.S. Road No. 8, Jvpd Scheme, 19Th Floor, Nariman, Mumbai 400 049 Mumbai – 400 021 Pan – Aagpm6828C (Appellant) (Respondent)

For Appellant: Shri B. Sriniwas, D.RFor Respondent: Shri Bhupendra Shah, A.R
Section 132Section 143(3)Section 153ASection 69

…consideration i.e A.Y. 2009-10 was non- abated as on the date on which the search proceedings were conducted. As per the settled position of law so laid down by the Hon’ble High Court of Bombay in the case of CIT Vs. Continental Warehousing Corporation (2015) 374 ITR 645 (Bom), in so far pending assessments are concerned, the jurisdiction to make original assessment and assessment u/s 153A merge into one, and only one assessment for each assessment year shall be made separately on the basis of the findings of the search and, any other material existing or brought on the record of the A.O. However, as observed by…

ACIT, New Delhi vs. Shri Charanjit Singh Sarna, New Delhi

The appeals of the Revenue are dismissed

ITA 3944/DEL/2015[2009-10]Status: DisposedITAT Delhi03 Jun 2019AY 2009-10

Bench: Shri G. D. Agrawal & Ms Suchitra Kamble

Section 132ASection 153ASection 41(1)Section 68

…ith regard to validity of proceedings u/s 153A wherein following decisions were considered: • CIT V. Kabul Chawla [2016] 380 ITR 573/[2015l 234 Taxman 300/61 taxmann.com 412 (Delhi) (para 4). • CIT v. Continental Warehousing Corpn. (Nhava Sheva) Ltd. [2015] 374 ITR 645 (Bom.) (para 4) • Principal CIT v. Kurele Paper Mills (P.) Ltd. [2016] 380 ITR 571 (Delhi) (para 4) • CIT V. Lancy Constructions [2016] 383 ITR 168 (Kar.) (para 4) • CIT V. ST. Francies Clay Decor Tiles [2016] 240 Taxman 168 (Ker.) (para 5) • CIT v. Promy Kuriakose [2016] 386 ITR 597 (Ker.) (para 5). The Ld. DR also relied upon the followi…

ACIT, New Delhi vs. Shri Charanjit Singh Sarna, New Delhi

The appeals of the Revenue are dismissed

ITA 3943/DEL/2015[2008-09]Status: DisposedITAT Delhi03 Jun 2019AY 2008-09

Bench: Shri G. D. Agrawal & Ms Suchitra Kamble

Section 132ASection 153ASection 41(1)Section 68

…ith regard to validity of proceedings u/s 153A wherein following decisions were considered: • CIT V. Kabul Chawla [2016] 380 ITR 573/[2015l 234 Taxman 300/61 taxmann.com 412 (Delhi) (para 4). • CIT v. Continental Warehousing Corpn. (Nhava Sheva) Ltd. [2015] 374 ITR 645 (Bom.) (para 4) • Principal CIT v. Kurele Paper Mills (P.) Ltd. [2016] 380 ITR 571 (Delhi) (para 4) • CIT V. Lancy Constructions [2016] 383 ITR 168 (Kar.) (para 4) • CIT V. ST. Francies Clay Decor Tiles [2016] 240 Taxman 168 (Ker.) (para 5) • CIT v. Promy Kuriakose [2016] 386 ITR 597 (Ker.) (para 5). The Ld. DR also relied upon the followi…

M/S.Geetanjali Space Private Limited, Mumbai vs. Dy. CIT CC-1(1), Mumbai

In the result, the appeal of the assessee is allowed and that of the Revenue is dismissed

ITA 782/MUM/2019[2010-11]Status: DisposedITAT Mumbai31 May 2019AY 2010-11

Bench: Shri Rajesh Kumar & Shri Ram Lal Negiassessment Year: 2010-11

For Appellant: Shri Dilip Lakhani, A.RFor Respondent: Shri Rahul Raman, D.R
Section 143(3)Section 153ASection 68

…onal Director of Court Income-tax 2. 182TTJ265 14-39 Anil Mahavir Gupta Mumbai V/s Asst. (2017) ITAT Commissioner of , Income-tax 3. ITA 40-56 Balasore Alloys Lts. Mumbai No.1166/621/667/ V/s Asst. ITAT Mum/2015 Commissioner of Income-tax 4. Commissioner Of 374 ITR 645 Bombay 57-84 Income-tax-II, Thane 5. ITA no. 5932 to 85-99 M/s Dalwala Mumbai 10 ITA No.782/M/2019 & ITA No.1969/M/2019 M/s. Geetanjali Space Pvt. Ltd. 5934/M/2009 Securities Ltd. V/s Dy. ITAT Commissioner of Income-tax 6. IT A no. 1709 of 100-115 Commissioner of Bombay 2014(2017) Income-tax-20 Vs Shri High court Deepak Kumar Agarwal 7 PCIT…

DCIT Cen Cir 8(4), Mumbai vs. Peccadily Estate P. Ltd, Mumbai

In the result, appeal filed by the revenue in ITA

ITA 4029/MUM/2016[2011-12]Status: DisposedITAT Mumbai31 May 2019AY 2011-12

Bench: Shri G Manjunatha () & Shri Ravish Sood () - 2010-11 - 2009-10 - 2011-12

Section 132Section 132(4)Section 143(2)Section 153C

…could be made in assessment u/s 153C of the Act. The Ld.AR further submitted that the Tribunal has rightly apprised the facts in the light of decision of the Hon’ble Bombay High Court in the case of CIT vs Continental Warehousing Corporation (Nava Sheva) Ltd 374 ITR 645(Bom) where it was categorically held that no addition could be made in assessment framed u/s 153A / 153C in absence of incriminating material found as a result of search, in unabated / concluded assessments. In this case, the assessment for the AY 2009-10 is unabated as on the date of search, because the search u/s 132 of the Act was carried…

ITO 2(2)(1), Mumbai vs. I.A. & I.C Pvt .Ltd, Mumbai

The appeals stand allowed for statistical purposes

ITA 7479/MUM/2016[2005-06]Status: DisposedITAT Mumbai14 May 2019AY 2005-06

Bench: Shri Saktijit Dey, Jm & Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ I.T.A. No.7479/Mum/2016 (िनधा"रण वष" / Assessment Year: 2005-06) & आयकरअपील सं./ I.T.A. No.7480/Mum/2016 (िनधा"रण वष" / Assessment Year: 2006-07) Income Tax Officer-2(2)(1) M/S. I.A. & I.C. Pvt. Ltd. बनाम Room No.549, 5Th Floor नाम नाम/ नाम 16, Gundecha Chamber Aaykar Bhavan, M.K. Road Nagindas Master Road Vs. New Marine Lines, Mumbai-400 020. Fort, Mumbai-400 023. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaaci-2620-K (अपीलाथ"/Appellant) (ू"यथ" / Respondent) :

For Appellant: Shri Poojan Mehta-Ld.ARFor Respondent: Shri Awungshi Gimson-Ld.DR
Section 132Section 153C

…case records of the assessee adjudicate the validity of the additions made by the A.O in the hands of the assessee, in the backdrop of the judgment of the Hon’ble High Court of Bombay in the case of CIT-II, Thane Vs. Continental Warehousing Corporation (2015) 374 ITR 645 (Bom). Needless to say, the CIT(A) shall during the course of the set aside proceedings afford sufficient opportunity of being heard to both the parties, who shall remain at a liberty to substantiate their respective contentions during the course of the set aside proceedings. We further direct the CIT(A) to complete the set aside proceedings with…

DCIT Cen Cir 8(4), Mumbai vs. Aarti Jewellers P.Ltd, Mumbai

In the result, appeal filed by the revenue for assessment year 2008-2009

ITA 1312/MUM/2018[2008-09]Status: DisposedITAT Mumbai30 Apr 2019AY 2008-09

Bench: Shri Shamim Yahya (Am) & Shri Ram Lal Negi (Jm) Assessment Year: 2008-09 The Dy. Cit, Cc-8(4), M/S Aarti Jewellers Pvt. Ltd., 6Th Floor, Room No. 658, 3Rd Floor, Hormuz Mansion, Aayakar Bhavan, M.K. Road, 32, Bhulabhai Desai Road, Mumbai - 400020 Vs. Near Breach Candy, Mumbai - 400026 Pan: Aaaca4468M (Appellant) (Respondent) Revenue By : Shri Anadi Varma (Cit Dr) Assessee By : Shri Gaurav Kabra (Ar) Date Of Hearing: 05/03/2019 Date Of Pronouncement: 30/04/2019

For Appellant: Shri Gaurav Kabra (AR)For Respondent: Shri Anadi Varma (CIT DR)
Section 132(1)Section 143(1)Section 143(2)Section 153ASection 260ASection 69C

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES “A”, MUMBAI BEFORE SHRI SHAMIM YAHYA (AM) AND SHRI RAM LAL NEGI (JM) Assessment Year: 2008-09 The Dy. CIT, CC-8(4), M/s Aarti Jewellers Pvt. Ltd., 6th Floor, Room No. 658, 3rd Floor, Hormuz Mansion, Aayakar Bhavan, M.K. Road, 32, Bhulabhai Desai Road, Mumbai - 400020 Vs. Near Breach Candy, Mumbai - 400026 PAN: AAACA4468M (Appellant) (Respondent) Revenue by : Shri Anadi Varma (CIT DR) Assessee by : Shri Gaurav Kabra (AR) Date of Hearing: 05/03/2019 Date of Pronouncement: 30/04/2019 O R D E R PER RAM LAL NEGI, JM This appeal has been filed by the revenue again…

Deputy Commissioner of Income Tax, Central Circle, Kota vs. Smt. Reema Harish Bhatia, Kota

ITA 790/JPR/2018[2016-17]Status: DisposedITAT Jaipur25 Apr 2019AY 2016-17
For Appellant: Shri P.C. Parwal (CA)For Respondent: Shri B.K. Gupta (CIT-DR)
Section 139Section 153ASection 2(22)(e)

…found during the course of search or requisition of documents."' 60. In Kabul Chawla (supra), the Court also took note of the decision of the Bombay High Court in CIT v. Continental Warehousing Corpn (Nhava Sheva) Ltd. [2015] 58 taxmann.com 78/232 Taxman 270/374 ITR 645 (Bom.) which accepted the plea that if no incriminating material was found during the course of search in respect of an issue, then no additions in respect of any issue can be made to the assessment under Section 153A and 153C of the Act. The legal position was thereafter summarized in Kabul Chawla (supra) as under: "37. On a conspectus of Sectio…

Deputy Commissioner of Income Tax. Central Circle, Kota vs. Smt. Reema Harish Bhatia, Kota

ITA 789/JPR/2018[2014-15]Status: DisposedITAT Jaipur25 Apr 2019AY 2014-15
For Appellant: Shri P.C. Parwal (CA)For Respondent: Shri B.K. Gupta (CIT-DR)
Section 139Section 153ASection 2(22)(e)

…found during the course of search or requisition of documents."' 60. In Kabul Chawla (supra), the Court also took note of the decision of the Bombay High Court in CIT v. Continental Warehousing Corpn (Nhava Sheva) Ltd. [2015] 58 taxmann.com 78/232 Taxman 270/374 ITR 645 (Bom.) which accepted the plea that if no incriminating material was found during the course of search in respect of an issue, then no additions in respect of any issue can be made to the assessment under Section 153A and 153C of the Act. The legal position was thereafter summarized in Kabul Chawla (supra) as under: "37. On a conspectus of Sectio…

Smt. Reema Harish Bhatia, Kota vs. Deputy Commissioner of Income Tax, Central Circle, Kota

ITA 597/JPR/2018[2016-17]Status: DisposedITAT Jaipur25 Apr 2019AY 2016-17
For Appellant: Shri P.C. Parwal (CA)For Respondent: Shri B.K. Gupta (CIT-DR)
Section 139Section 153ASection 2(22)(e)

…found during the course of search or requisition of documents."' 60. In Kabul Chawla (supra), the Court also took note of the decision of the Bombay High Court in CIT v. Continental Warehousing Corpn (Nhava Sheva) Ltd. [2015] 58 taxmann.com 78/232 Taxman 270/374 ITR 645 (Bom.) which accepted the plea that if no incriminating material was found during the course of search in respect of an issue, then no additions in respect of any issue can be made to the assessment under Section 153A and 153C of the Act. The legal position was thereafter summarized in Kabul Chawla (supra) as under: "37. On a conspectus of Sectio…

Smt. Reema Harish Bhatia, Kota vs. Deputy Commissioner of Income Tax, Central Circle, Kota

ITA 596/JPR/2018[2013-14]Status: DisposedITAT Jaipur25 Apr 2019AY 2013-14
For Appellant: Shri P.C. Parwal (CA)For Respondent: Shri B.K. Gupta (CIT-DR)
Section 139Section 153ASection 2(22)(e)

…found during the course of search or requisition of documents."' 60. In Kabul Chawla (supra), the Court also took note of the decision of the Bombay High Court in CIT v. Continental Warehousing Corpn (Nhava Sheva) Ltd. [2015] 58 taxmann.com 78/232 Taxman 270/374 ITR 645 (Bom.) which accepted the plea that if no incriminating material was found during the course of search in respect of an issue, then no additions in respect of any issue can be made to the assessment under Section 153A and 153C of the Act. The legal position was thereafter summarized in Kabul Chawla (supra) as under: "37. On a conspectus of Sectio…

Smt. Jaya Prem Bhatia, Kota vs. Deputy Commissioner of Income Tax, Central Circle, Kota

In the result, the appeal of the assessee for A

ITA 594/JPR/2018[2016-17]Status: DisposedITAT Jaipur25 Apr 2019AY 2016-17
For Appellant: Shri P.C. Parwal (CA)For Respondent: Shri B.K. Gupta (CIT-DR)
Section 132Section 139Section 143(2)Section 153ASection 153A(1)Section 2(22)(e)

…found during the course of search or requisition of documents."' 60. In Kabul Chawla (supra), the Court also took note of the decision of the Bombay High Court in CIT v. Continental Warehousing Corpn (Nhava Sheva) Ltd. [2015] 58 taxmann.com 78/232 Taxman 270/374 ITR 645 (Bom.) which accepted the plea that if no incriminating material was found during the course of search in respect of an issue, then no additions in respect of any issue can be made to the assessment under Section Smt. Jaya Prem Bhatia, Kota. 153A and 153C of the Act. The legal position was thereafter summarized in Kabul Chawla (supra) as under:…

Smt. Jaya Prem Bhatia, Kota vs. Deputy Commissioner of Income Tax, Central Circle, Kota

In the result, the appeal of the assessee for A

ITA 593/JPR/2018[2013-14]Status: DisposedITAT Jaipur25 Apr 2019AY 2013-14
For Appellant: Shri P.C. Parwal (CA)For Respondent: Shri B.K. Gupta (CIT-DR)
Section 132Section 139Section 143(2)Section 153ASection 153A(1)Section 2(22)(e)

…found during the course of search or requisition of documents."' 60. In Kabul Chawla (supra), the Court also took note of the decision of the Bombay High Court in CIT v. Continental Warehousing Corpn (Nhava Sheva) Ltd. [2015] 58 taxmann.com 78/232 Taxman 270/374 ITR 645 (Bom.) which accepted the plea that if no incriminating material was found during the course of search in respect of an issue, then no additions in respect of any issue can be made to the assessment under Section Smt. Jaya Prem Bhatia, Kota. 153A and 153C of the Act. The legal position was thereafter summarized in Kabul Chawla (supra) as under:…

Smt. Reema Harish Bhatia, Kota vs. Deputy Commissioner of Income Tax. Central Circle, Kota

ITA 1284/JPR/2018[2012-13]Status: DisposedITAT Jaipur25 Apr 2019AY 2012-13
For Appellant: Shri P.C. Parwal (CA)For Respondent: Shri B.K. Gupta (CIT-DR)
Section 139Section 153ASection 2(22)(e)

…found during the course of search or requisition of documents."' 60. In Kabul Chawla (supra), the Court also took note of the decision of the Bombay High Court in CIT v. Continental Warehousing Corpn (Nhava Sheva) Ltd. [2015] 58 taxmann.com 78/232 Taxman 270/374 ITR 645 (Bom.) which accepted the plea that if no incriminating material was found during the course of search in respect of an issue, then no additions in respect of any issue can be made to the assessment under Section 153A and 153C of the Act. The legal position was thereafter summarized in Kabul Chawla (supra) as under: "37. On a conspectus of Sectio…

Shri Banna Lal Jat, Bhilwara vs. Assistant Commissioner of Income Tax, Ajmer

In the result, theses appeals filed by the assessee are allowed

ITA 476/JPR/2018[2015-16]Status: DisposedITAT Jaipur24 Apr 2019AY 2015-16
For Appellant: Shri P.C. Parwal (C.A.)For Respondent: Shri B.K. Gupta (CIT)
Section 10(38)Section 143(2)Section 153A

…earch or requisition of documents."' Shri Banna Lal Jat vs. ACIT 60. In Kabul Chawla (supra), the Court also took note of the decision of the Bombay High Court in CIT v. Continental Warehousing Corpn (Nhava Sheva) Ltd. [2015] 58 taxmann.com 78/232 Taxman 270/374 ITR 645 (Bom.) which accepted the plea that if no incriminating material was found during the course of search in respect of an issue, then no additions in respect of any issue can be made to the assessment under Section 153A and 153C of the Act. The legal position was thereafter summarized in Kabul Chawla (supra) as under: "37. On a conspectus of Sectio…