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 367,181 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.

Bmm Ispat Limited, Hospet vs. DCIT, Bangalore

In the result, Revenue’s appeal for Assessment Year 2011-12 is dismissed

ITA 779/BANG/2015[2008-09]Status: DisposedITAT Bangalore10 Apr 2018AY 2008-09

Bench: Shri Sunil Kumar Yadav & Shri Jason P Boaz

For Appellant: Shri K.R. Pradeep, C.AFor Respondent: Shri K.V.Arvind, Standing Counsel for Dept
Section 132Section 143(3)Section 153ASection 153DSection 234BSection 234DSection 68

…seized is not incriminating in nature. In such cases it has been held that no assessment u/s 153A can be made and requires to be vacated as held in 1) CIT vs Lancy Constructions - ITA 528 to 531/2014 - KAR HC – 2) CIT vs Continental Warehousing Corporation - 374 ITR 645 - Bombay HC 3) Jai Steel (India) vs ACIT - 259 CTR 281 - RAJASTHAN HC 4) PCIT vs Desai Construction Pvt Ltd - 387 ITR 552 - GUJ HC 5) CIT vs Kabul Chawla - 380 ITR 573 - Delhi HC. Secondly, the AO made an addition of Rs.16,71,82,094 based on certain material seized from Bharat S Ghorpade and Dinesh Kumar Singhi mentioned A/BSG/01 , A/BSG/02 and…

Dinesh Kumar Singhi, Bangalore vs. DCIT, Bangalore

In the result, the assessee's appeal for Assessment Year 2011-12 is partly allowed

ITA 699/BANG/2015[2005-06]Status: DisposedITAT Bangalore10 Apr 2018AY 2005-06

Bench: Shri Sunil Kumar Yadav & Shri Jason P Boaz

For Appellant: Shri K.R. Pradeep, C.AFor Respondent: Shri K.V. Arvind, Standing Counsel for Dept
Section 10BSection 132Section 143(3)Section 148Section 153ASection 154

…the AO in denying the already allowed assessment is contrary to law. In support of this contention, the assessee relies on the following case laws: 1) CIT vs Lancy Constructions - ITA 528 to 531/2014 - KAR HC. 2) CIT vs Continental Warehousing Corporation - 374 ITR 645 - Bombay HC. 3) Jai Steel (India) vs ACIT - 259 CTR 281 - RAJASTHAN HC. 4) PCIT vs Desai Construction Pvt Ltd - 387 ITR 552 - GUJ HC. 5) CIT vs Kabul Chawla - 380 ITR 573 - Delhi HC. Further seized material in third party hands cannot be used in the hands of the assessee unless it is held that the same belonged to the assessee. In this case, the…

ACIT, Jaipur vs. Rajendra Kumar Jain, Jaipur

ITA 521/JPR/2017[2010-11]Status: DisposedITAT Jaipur28 Mar 2018AY 2010-11
For Appellant: Shri S.L. Poddar (Advocate)For Respondent: Shri Varinder Mehta (CIT)
Section 132Section 132(4)Section 147Section 148Section 153A

…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…

ACIT, Jaipur vs. Rajendra Kumar Jain, Jaipur

ITA 520/JPR/2017[2009-10]Status: DisposedITAT Jaipur28 Mar 2018AY 2009-10
For Appellant: Shri S.L. Poddar (Advocate)For Respondent: Shri Varinder Mehta (CIT)
Section 132Section 132(4)Section 147Section 148Section 153A

…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…

ACIT, Jaipur vs. Rajendra Kumar Jain, Jaipur

ITA 519/JPR/2017[2007-08]Status: DisposedITAT Jaipur28 Mar 2018AY 2007-08
For Appellant: Shri S.L. Poddar (Advocate)For Respondent: Shri Varinder Mehta (CIT)
Section 132Section 132(4)Section 147Section 148Section 153A

…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…

Rajendra Kumar Jain, Jaipur vs. ACIT, Jaipur

ITA 408/JPR/2017[2009-10]Status: DisposedITAT Jaipur28 Mar 2018AY 2009-10
For Appellant: Shri S.L. Poddar (Advocate)For Respondent: Shri Varinder Mehta (CIT)
Section 132Section 132(4)Section 147Section 148Section 153A

…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…

Rajendra Kumar Jain, Jaipur vs. ACIT, Jaipur

ITA 295/JPR/2017[2011-12]Status: DisposedITAT Jaipur28 Mar 2018AY 2011-12
For Appellant: Shri S.L. Poddar (Advocate)For Respondent: Shri Varinder Mehta (CIT)
Section 132Section 132(4)Section 147Section 148Section 153A

…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…

Rajendra Kumar Jain, Jaipur vs. ACIT, Jaipur

ITA 294/JPR/2017[2010-11]Status: DisposedITAT Jaipur28 Mar 2018AY 2010-11
For Appellant: Shri S.L. Poddar (Advocate)For Respondent: Shri Varinder Mehta (CIT)
Section 132Section 132(4)Section 147Section 148Section 153A

…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…

Rajendra Kumar Jain, Jaipur vs. ACIT, Jaipur

ITA 293/JPR/2017[2007-08]Status: DisposedITAT Jaipur28 Mar 2018AY 2007-08
For Appellant: Shri S.L. Poddar (Advocate)For Respondent: Shri Varinder Mehta (CIT)
Section 132Section 132(4)Section 147Section 148Section 153A

…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…

Assistant Commissioner Income-Tax vs. D.M. Corporation Pvt. Ltd., Kolhapur

In the result, appeals of Revenue for assessment years 2006-07 to 2009-10 are allowed and for assessment years 2010-11 to 2012-13 are dismissed

ITA 1811/PUN/2014[2012-13]Status: DisposedITAT Pune23 Mar 2018AY 2012-13

Bench: Ms. Sushma Chowla, Jm & Shri D. Karunakara Rao, Am आयकर अपीऱ सं. / Ita Nos.1805 To 1811/Pun/2014 यििाारण वषा / Assessment Years : 2006-07 To 2012-13 The Asst. Commissioner Of Income Tax, अऩीऱाथी/Appellant Central Circle, Kolhapur …. Vs. D.M. Corporation Pvt. Ltd., 240/B, Mohite House, Gen. Thorat Marg, …. प्रत्यथी / Respondent Tarabai Park, Kolhapur Pan: Aadcm6281H

For Appellant: Ms. Nirupama Kotru, CITFor Respondent: S/Shri Nikhil Pathak /
Section 119(2)Section 132Section 132(4)Section 139(1)Section 143(1)Section 143(3)Section 153ASection 80I

…hether the assessee would make a fresh claim of deduction. In this regard, he placed reliance on the ratio laid down by Hon’ble Bombay High Court in CIT Vs. (1) Continental Warehousing Corporation (Nhava Sheva) Ltd. (2) All Cargo Global Logistics Ltd., (2015) 374 ITR 645 (Bom). The learned Authorized Representative for the assessee stressed that in principle the assessee was entitled to claim the deduction. He also admitted that in original return of income, no such claim was made. However, if it was 148 proceedings, then the assessee could offer additional income and also to make fresh claim in this regard. He p…

Assistant Commissioner Income-Tax vs. D.M. Corporation Pvt. Ltd., Kolhapur

In the result, appeals of Revenue for assessment years 2006-07 to 2009-10 are allowed and for assessment years 2010-11 to 2012-13 are dismissed

ITA 1810/PUN/2014[2011-12]Status: DisposedITAT Pune23 Mar 2018AY 2011-12

Bench: Ms. Sushma Chowla, Jm & Shri D. Karunakara Rao, Am आयकर अपीऱ सं. / Ita Nos.1805 To 1811/Pun/2014 यििाारण वषा / Assessment Years : 2006-07 To 2012-13 The Asst. Commissioner Of Income Tax, अऩीऱाथी/Appellant Central Circle, Kolhapur …. Vs. D.M. Corporation Pvt. Ltd., 240/B, Mohite House, Gen. Thorat Marg, …. प्रत्यथी / Respondent Tarabai Park, Kolhapur Pan: Aadcm6281H

For Appellant: Ms. Nirupama Kotru, CITFor Respondent: S/Shri Nikhil Pathak /
Section 119(2)Section 132Section 132(4)Section 139(1)Section 143(1)Section 143(3)Section 153ASection 80I

…hether the assessee would make a fresh claim of deduction. In this regard, he placed reliance on the ratio laid down by Hon’ble Bombay High Court in CIT Vs. (1) Continental Warehousing Corporation (Nhava Sheva) Ltd. (2) All Cargo Global Logistics Ltd., (2015) 374 ITR 645 (Bom). The learned Authorized Representative for the assessee stressed that in principle the assessee was entitled to claim the deduction. He also admitted that in original return of income, no such claim was made. However, if it was 148 proceedings, then the assessee could offer additional income and also to make fresh claim in this regard. He p…

Assistant Commissioner Income-Tax vs. D.M. Corporation Pvt. Ltd., Kolhapur

In the result, appeals of Revenue for assessment years 2006-07 to 2009-10 are allowed and for assessment years 2010-11 to 2012-13 are dismissed

ITA 1809/PUN/2014[2010-11]Status: DisposedITAT Pune23 Mar 2018AY 2010-11

Bench: Ms. Sushma Chowla, Jm & Shri D. Karunakara Rao, Am आयकर अपीऱ सं. / Ita Nos.1805 To 1811/Pun/2014 यििाारण वषा / Assessment Years : 2006-07 To 2012-13 The Asst. Commissioner Of Income Tax, अऩीऱाथी/Appellant Central Circle, Kolhapur …. Vs. D.M. Corporation Pvt. Ltd., 240/B, Mohite House, Gen. Thorat Marg, …. प्रत्यथी / Respondent Tarabai Park, Kolhapur Pan: Aadcm6281H

For Appellant: Ms. Nirupama Kotru, CITFor Respondent: S/Shri Nikhil Pathak /
Section 119(2)Section 132Section 132(4)Section 139(1)Section 143(1)Section 143(3)Section 153ASection 80I

…hether the assessee would make a fresh claim of deduction. In this regard, he placed reliance on the ratio laid down by Hon’ble Bombay High Court in CIT Vs. (1) Continental Warehousing Corporation (Nhava Sheva) Ltd. (2) All Cargo Global Logistics Ltd., (2015) 374 ITR 645 (Bom). The learned Authorized Representative for the assessee stressed that in principle the assessee was entitled to claim the deduction. He also admitted that in original return of income, no such claim was made. However, if it was 148 proceedings, then the assessee could offer additional income and also to make fresh claim in this regard. He p…

Assistant Commissioner Income-Tax vs. D.M. Corporation Pvt. Ltd., Kolhapur

In the result, appeals of Revenue for assessment years 2006-07 to 2009-10 are allowed and for assessment years 2010-11 to 2012-13 are dismissed

ITA 1808/PUN/2014[2009-10]Status: DisposedITAT Pune23 Mar 2018AY 2009-10

Bench: Ms. Sushma Chowla, Jm & Shri D. Karunakara Rao, Am आयकर अपीऱ सं. / Ita Nos.1805 To 1811/Pun/2014 यििाारण वषा / Assessment Years : 2006-07 To 2012-13 The Asst. Commissioner Of Income Tax, अऩीऱाथी/Appellant Central Circle, Kolhapur …. Vs. D.M. Corporation Pvt. Ltd., 240/B, Mohite House, Gen. Thorat Marg, …. प्रत्यथी / Respondent Tarabai Park, Kolhapur Pan: Aadcm6281H

For Appellant: Ms. Nirupama Kotru, CITFor Respondent: S/Shri Nikhil Pathak /
Section 119(2)Section 132Section 132(4)Section 139(1)Section 143(1)Section 143(3)Section 153ASection 80I

…hether the assessee would make a fresh claim of deduction. In this regard, he placed reliance on the ratio laid down by Hon’ble Bombay High Court in CIT Vs. (1) Continental Warehousing Corporation (Nhava Sheva) Ltd. (2) All Cargo Global Logistics Ltd., (2015) 374 ITR 645 (Bom). The learned Authorized Representative for the assessee stressed that in principle the assessee was entitled to claim the deduction. He also admitted that in original return of income, no such claim was made. However, if it was 148 proceedings, then the assessee could offer additional income and also to make fresh claim in this regard. He p…

Assistant Commissioner Income-Tax vs. D.M. Corporation Pvt. Ltd., Kolhapur

In the result, appeals of Revenue for assessment years 2006-07 to 2009-10 are allowed and for assessment years 2010-11 to 2012-13 are dismissed

ITA 1807/PUN/2014[2008-09]Status: DisposedITAT Pune23 Mar 2018AY 2008-09

Bench: Ms. Sushma Chowla, Jm & Shri D. Karunakara Rao, Am आयकर अपीऱ सं. / Ita Nos.1805 To 1811/Pun/2014 यििाारण वषा / Assessment Years : 2006-07 To 2012-13 The Asst. Commissioner Of Income Tax, अऩीऱाथी/Appellant Central Circle, Kolhapur …. Vs. D.M. Corporation Pvt. Ltd., 240/B, Mohite House, Gen. Thorat Marg, …. प्रत्यथी / Respondent Tarabai Park, Kolhapur Pan: Aadcm6281H

For Appellant: Ms. Nirupama Kotru, CITFor Respondent: S/Shri Nikhil Pathak /
Section 119(2)Section 132Section 132(4)Section 139(1)Section 143(1)Section 143(3)Section 153ASection 80I

…hether the assessee would make a fresh claim of deduction. In this regard, he placed reliance on the ratio laid down by Hon’ble Bombay High Court in CIT Vs. (1) Continental Warehousing Corporation (Nhava Sheva) Ltd. (2) All Cargo Global Logistics Ltd., (2015) 374 ITR 645 (Bom). The learned Authorized Representative for the assessee stressed that in principle the assessee was entitled to claim the deduction. He also admitted that in original return of income, no such claim was made. However, if it was 148 proceedings, then the assessee could offer additional income and also to make fresh claim in this regard. He p…

Assistant Commissioner Income-Tax vs. D.M. Corporation Pvt. Ltd., Kolhapur

In the result, appeals of Revenue for assessment years 2006-07 to 2009-10 are allowed and for assessment years 2010-11 to 2012-13 are dismissed

ITA 1806/PUN/2014[2007-08]Status: DisposedITAT Pune23 Mar 2018AY 2007-08

Bench: Ms. Sushma Chowla, Jm & Shri D. Karunakara Rao, Am आयकर अपीऱ सं. / Ita Nos.1805 To 1811/Pun/2014 यििाारण वषा / Assessment Years : 2006-07 To 2012-13 The Asst. Commissioner Of Income Tax, अऩीऱाथी/Appellant Central Circle, Kolhapur …. Vs. D.M. Corporation Pvt. Ltd., 240/B, Mohite House, Gen. Thorat Marg, …. प्रत्यथी / Respondent Tarabai Park, Kolhapur Pan: Aadcm6281H

For Appellant: Ms. Nirupama Kotru, CITFor Respondent: S/Shri Nikhil Pathak /
Section 119(2)Section 132Section 132(4)Section 139(1)Section 143(1)Section 143(3)Section 153ASection 80I

…hether the assessee would make a fresh claim of deduction. In this regard, he placed reliance on the ratio laid down by Hon’ble Bombay High Court in CIT Vs. (1) Continental Warehousing Corporation (Nhava Sheva) Ltd. (2) All Cargo Global Logistics Ltd., (2015) 374 ITR 645 (Bom). The learned Authorized Representative for the assessee stressed that in principle the assessee was entitled to claim the deduction. He also admitted that in original return of income, no such claim was made. However, if it was 148 proceedings, then the assessee could offer additional income and also to make fresh claim in this regard. He p…

Assistant Commissioner Income-Tax vs. D.M. Corporation Pvt. Ltd., Kolhapur

In the result, appeals of Revenue for assessment years 2006-07 to 2009-10 are allowed and for assessment years 2010-11 to 2012-13 are dismissed

ITA 1805/PUN/2014[2006-07]Status: DisposedITAT Pune23 Mar 2018AY 2006-07

Bench: Ms. Sushma Chowla, Jm & Shri D. Karunakara Rao, Am आयकर अपीऱ सं. / Ita Nos.1805 To 1811/Pun/2014 यििाारण वषा / Assessment Years : 2006-07 To 2012-13 The Asst. Commissioner Of Income Tax, अऩीऱाथी/Appellant Central Circle, Kolhapur …. Vs. D.M. Corporation Pvt. Ltd., 240/B, Mohite House, Gen. Thorat Marg, …. प्रत्यथी / Respondent Tarabai Park, Kolhapur Pan: Aadcm6281H

For Appellant: Ms. Nirupama Kotru, CITFor Respondent: S/Shri Nikhil Pathak /
Section 119(2)Section 132Section 132(4)Section 139(1)Section 143(1)Section 143(3)Section 153ASection 80I

…hether the assessee would make a fresh claim of deduction. In this regard, he placed reliance on the ratio laid down by Hon’ble Bombay High Court in CIT Vs. (1) Continental Warehousing Corporation (Nhava Sheva) Ltd. (2) All Cargo Global Logistics Ltd., (2015) 374 ITR 645 (Bom). The learned Authorized Representative for the assessee stressed that in principle the assessee was entitled to claim the deduction. He also admitted that in original return of income, no such claim was made. However, if it was 148 proceedings, then the assessee could offer additional income and also to make fresh claim in this regard. He p…

Laxmi Narain Agarwal, Jaipur vs. ACIT, Central Circle-3, Jaipur

In the result, for the assessment years 2009-10 and 2010-11

ITA 851/JPR/2015[2112-13]Status: DisposedITAT Jaipur21 Mar 2018AY 2112-13
For Appellant: Shri Manish Agarwal (C.A.)For Respondent: Smt. Roli Agarwal (CIT) &
Section 143(3)Section 153A

…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…

Laxmi Narain Agarwal, Jaipur vs. ACIT, Central Circle-3, Jaipur

In the result, for the assessment years 2009-10 and 2010-11

ITA 850/JPR/2015[2011-12]Status: DisposedITAT Jaipur21 Mar 2018AY 2011-12
For Appellant: Shri Manish Agarwal (C.A.)For Respondent: Smt. Roli Agarwal (CIT) &
Section 143(3)Section 153A

…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…

Laxmi Narain Agarwal, Jaipur vs. ACIT, Central Circle-3, Jaipur

In the result, for the assessment years 2009-10 and 2010-11

ITA 849/JPR/2015[2010-11]Status: DisposedITAT Jaipur21 Mar 2018AY 2010-11
For Appellant: Shri Manish Agarwal (C.A.)For Respondent: Smt. Roli Agarwal (CIT) &
Section 143(3)Section 153A

…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…

Laxmi Narain Agarwal, Jaipur vs. ACIT, Central Circle-3, Jaipur

In the result, for the assessment years 2009-10 and 2010-11

ITA 848/JPR/2015[2009-10]Status: DisposedITAT Jaipur21 Mar 2018AY 2009-10
For Appellant: Shri Manish Agarwal (C.A.)For Respondent: Smt. Roli Agarwal (CIT) &
Section 143(3)Section 153A

…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…