CIT v. Kabul Chawla

380 ITR 573High Court2016#3 most cited

What is CIT v. Kabul Chawla authority for?

In a search assessment under Section 153A, additions can only be made for completed or non-abated assessment years if incriminating material relevant to those years is found during the search, although notice under Section 153A(1) is mandatorily issued for six assessment years preceding the search.

3,235

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

CIT v. Kabul Chawla · Kabul Chawla · section 153A · section 132 · incriminating material · search assessment · non-abated years · scope of assessment · additions · undisclosed income

Also reported as

61 Taxmann.com 412234 Taxmann 300281 CTR 45

Issues it is cited on

Judgments citing CIT v. Kabul Chawla

ACIT, New Delhi vs. M/S. Sheela Foam Pvt. Ltd., Ghaziabad

In the result, the appeals of the department are dismissed

ITA 1677/DEL/2016[2006-07]Status: DisposedITAT Delhi31 May 2018AY 2006-07

Bench: Sh. N. K. Saini, Am & Smt. Beena A. Pillai, Jm Ita No. 1676/Del/2016 : Asstt. Year : 2008-09 Ita No. 1677/Del/2016 : Asstt. Year : 2006-07 Asstt. Commissioner Of Income Vs M/S Sheela Foam Pvt. Ltd., Tax, Central Circle-06, 37/2, Site-Iv, Sahibabad Industrial New Delhi Area, Ghaziabad, Up (Appellant) (Respondent) Pan No. Aaacs0189B Assessee By : Ms. Manisha Sharma, Adv. Revenue By : Smt. Meeta Singh, Cit Dr Date Of Hearing : 03.05.2018 Date Of Pronouncement : 31.05.2018 Order Per N. K. Saini, Am: These Two Appeals By The Department Are Directed Against The Separate Orders Each Dated 27.01.2015 Of Ld. Cit(A)-23, New Delhi.

For Appellant: Ms. Manisha Sharma, AdvFor Respondent: Smt. Meeta Singh, CIT DR
Section 132Section 143(3)Section 153A

…unsel for the assessee reiterated the submissions made before the authorities below and further submitted that the issue under consideration is squarely covered by the judgment of the Hon’ble Jurisdictional High Court in the case of CIT Vs Kabul Chawla (2016) 380 ITR 573 (Del). 9. We have considered the submissions of both the parties and perused the material available on the record. In the present case, it is an admitted fact that the assessment u/s 143(3) of the Act was completed by the AO on 24.12.2010 and the search took place on 28.11.2011. Therefore, the assessment already completed u/s 143(3) of the Act wa…

ACIT, New Delhi vs. M/S. Sheela Foam Pvt. Ltd., Ghaziabad

In the result, the appeals of the department are dismissed

ITA 1676/DEL/2016[2008-09]Status: DisposedITAT Delhi31 May 2018AY 2008-09

Bench: Sh. N. K. Saini, Am & Smt. Beena A. Pillai, Jm Ita No. 1676/Del/2016 : Asstt. Year : 2008-09 Ita No. 1677/Del/2016 : Asstt. Year : 2006-07 Asstt. Commissioner Of Income Vs M/S Sheela Foam Pvt. Ltd., Tax, Central Circle-06, 37/2, Site-Iv, Sahibabad Industrial New Delhi Area, Ghaziabad, Up (Appellant) (Respondent) Pan No. Aaacs0189B Assessee By : Ms. Manisha Sharma, Adv. Revenue By : Smt. Meeta Singh, Cit Dr Date Of Hearing : 03.05.2018 Date Of Pronouncement : 31.05.2018 Order Per N. K. Saini, Am: These Two Appeals By The Department Are Directed Against The Separate Orders Each Dated 27.01.2015 Of Ld. Cit(A)-23, New Delhi.

For Appellant: Ms. Manisha Sharma, AdvFor Respondent: Smt. Meeta Singh, CIT DR
Section 132Section 143(3)Section 153A

…unsel for the assessee reiterated the submissions made before the authorities below and further submitted that the issue under consideration is squarely covered by the judgment of the Hon’ble Jurisdictional High Court in the case of CIT Vs Kabul Chawla (2016) 380 ITR 573 (Del). 9. We have considered the submissions of both the parties and perused the material available on the record. In the present case, it is an admitted fact that the assessment u/s 143(3) of the Act was completed by the AO on 24.12.2010 and the search took place on 28.11.2011. Therefore, the assessment already completed u/s 143(3) of the Act wa…

ACIT, New Delhi vs. M/S. Saga Township Pvt. Ltd., New Delhi

The appeal of the Revenue are dismissed

ITA 436/DEL/2014[2007-08]Status: DisposedITAT Delhi30 May 2018AY 2007-08

Bench: Sh. H.S. Sidhu & Sh. O.P. Kantassessment Year: 2009-10 Dcit, Vs. M/S. Saamag Developers Central Circle -10, New Delhi Pvt. Ltd., B-67, Sarita Vihar, New Delhi Pan : Aajcs4952R (Appellant) (Respondent) & Assessment Year: 2009-10 M/S. Saamag Developers Pvt. Vs. Acit, Ltd., Central Circle -10, New Delhi B-67, Sarita Vihar, New Delhi Pan : Aajcs4952R (Appellant) (Respondent) & Assessment Year: 2006-07 Acit, Vs. M/S. Saamag Developers Central Circle -10, New Delhi Pvt. Ltd., B-67, Sarita Vihar, New Delhi Pan : Aajcs4952R (Appellant) (Respondent) & Assessment Year: 2006-07 Dcit, Vs. M/S. Saga Developers Pvt. Central Circle -10, New Delhi Ltd., B-67, Sarita Vihar, New Delhi Pan : Aajcs4932K (Appellant) (Respondent)

Section 2(22)Section 2(22)(e)Section 69C

…missions and perused the relevant material on record. We note that Hon’ble Delhi High 20 ITA Nos.2601/Del/2014; 3000/Del/2014; 433/Del/2014; 2602/Del/2014; 2999/Del/2014; 2604/Del/2014; 3165/Del/2014 & 436/Del/2014 Court in the case of Kabul Chawla Vs. CIT, 281 CTR 45 (Del.) has held that no addition under section 153A of the Act could be made in case of completed assessments, in absence of any incriminating material found during the course of search. In the instant case, before the Ld. CIT(A) the assessee challenged the 153A proceedings on the ground that no incriminating material was seized in the course of s…