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

DCIT Cen Cir 7(3), Mumbai vs. Madahu Prakash Kapoor, Mumbai

Appeal stands dismissed

ITA 1060/MUM/2016[2010-11]Status: DisposedITAT Mumbai04 Oct 2017AY 2010-11

Bench: Shri Mahavir Singh, Jm & Shri Manoj Kumar Aggarwal, Am आयकर अपील सं./I.T.A. No. 1060/Mum/2016 (िनधा"रण वष" / Assessment Year: 2010-11) Deputy Commissioner Of Madhu Prakash Kapoor Income Tax Central Circle 7(3) Pallonji Mansion बनाम/ R.No.655,6Th Floor Flat No.G/D 43 Aaykar Bhavan Cuff Parade Vs. M.K.Road Mumbai – 400 005 Mumbai – 400 020 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Agqpk-0792-D (अपीलाथ" /Appellant) (""थ" / Respondent) :

For Appellant: Anuj Kisnadwala,Ld.ARFor Respondent: Ranjit Singh Arneja, CIT(DR)
Section 132(1)Section 139Section 143Section 143(2)Section 143(3)Section 153ASection 54

…1. Therefore, we find that, at the moment, the issue stood squarely covered in assessee’s favor by the cited decision of jurisdictional High Court as rightly noted by Ld. CIT(A). Similar view has been taken by Hon’ble Delhi High Court in CIT Vs. Kabul Chawla [380 ITR 573]. Further, upon perusal of SLP No. 18560 of 2015 dated 12/10/2015 admitted by Hon’ble Supreme Court, we find that Hon’ble apex court has only granted SLP against the ruling of the Hon'ble Bombay High Court's finding that no addition can be made in respect of assessments which have become final if no incriminating material is found during search o…