CIT v. Lachman Das Bhatia

396 ITR 691High Court2017#1990 most cited

What is CIT v. Lachman Das Bhatia authority for?

The invocation of section 153A for search assessments is unjustified for assessment years where no incriminating documents are found during the search and the assessments for those years were not pending on the date of the search. Completed assessments can only be disturbed if incriminating material relevant to the completed assessment is found during the search.

58

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2018 to 2025.

Also referred to as

CIT v. Lachman Das Bhatia · 396 ITR 691 · Section 153A · Section 132 · search assessment · no incriminating material · completed assessment · pending assessment · undisclosed income · block assessment · Delhi High Court

Issues it is cited on

Judgments citing CIT v. Lachman Das Bhatia

PROFESSIONAL AUTOMOTIVES PRIVATE LIMITED,JAMMU vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, JAIPUR

In the result the appeal of the assessee in ITA no

ITA 812/JPR/2025[2016-17]Status: DisposedITAT Jaipur23 Jul 2025AY 2016-17

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, आयकर अपील /ITA Nos.809 to 815/JP/2025 निर्धारण वर्ष /Assessment Years :2013-14 to 2019-20 Professional Automotives Pvt. बनाम ACIT, Ltd. Bahu Plaza, Bahu Plaza, Jammu Vs. Central Circle- 1, and Kashmir Jaipur स्थायी लेखा सं./जी.आई.आर. सं./PAN/GIR No.:AAACP9608E अपीलार्थी/Appellant प्र]त्यर्थी/Respondent निर्धारिती की ओर से / Assessee by :Shri Tarun Mittal, CA राजस्व की ओर से /Revenue by: Shri Ajey Malik, CIT (Th. V.C)

For Appellant: Shri Tarun Mittal, CAFor Respondent: Shri Ajey Malik, CIT (Th. V.C)
Section 143(3)Section 37(1)

…- Assessment completed on date of search- No incriminating materials found during search- Block Assessment not valid- Income Tax Act, 1961, ss. 132,153A. Hon’ble Delhi High Court in the case of Pr. CIT vs Meeta Gutgutia vide order dated 25.05.2017 reported in 396 ITR 691, after discussing decisions of various courts on the issue, decided the appeal in favour of assessee by holding that invocation of provisions of section 153A is unjustified in respect of years for which no incriminating documents were found and also no assessment was pending on the date of search. In this case in para 63, it is further observed b…

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CIT v. Lachman Das Bhatia (396 ITR 691) — Cited in 58 Judgments | BharatTax