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 367,846 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

M/S Shrigopal Rameshkumar Sales Pvt. Ltd, Nagpur vs. Assistant Comissioner Central Circle 1(3), Nagpur

In the result, appeal of the assessee is allowed in terms of our aforesaid observations

ITA 163/NAG/2018[2009-10]Status: DisposedITAT Nagpur01 Apr 2022AY 2009-10

Bench: Shri Ravish Sood & Shri Jamlappa D Battullआयकर अपील सं. / Ita No. 163/Nag/2018 "नधा"रण वष" / Assessment Year : 2009-10 M/S. Shrigopal Ramesh Kumar Sales Pvt. Ltd. 1St Floor, Sarvodaya Cloth Market, Gandhibagh, Nagpur. Pan : Aabcs9226J .......अपीलाथ" / Appellant बनाम / V/S. The Assistant Commissioner Of Income Tax, Central Circle-1(3), Nagpur. ……""यथ" / Respondent Assessee By : Shri Vijay Chandak, Ca Revenue By : Shri Pradeep Headoo, Cit Dr

For Appellant: Shri Vijay Chandak, CAFor Respondent: Shri Pradeep Headoo, CIT DR
Section 132(1)Section 143(1)Section 143(3)Section 153ASection 263

…ay in the case of CIT Vs. Gurinder Singh Bawa 384 ITR 483(Bom) and that in the case of CIT Vs. Deepak kumar Agarwal (2017) 251 Taxmann 22 (Bom). Also, a similar view had been taken by the Hon’ble High Court of Delhi in the case of CIT Vs. Kabul Chawla, (2016) 380 ITR 573( Del.). In the aforementioned cases, it had been observed by the Hon’ble High Courts that in case of an unabated assessment the scope of addition/disallowance to be made u/s.153A of the Act would be restricted to the “incriminating material” found during the course of search proceedings. It was further observed that if no incriminating material i…