ACIT, New Delhi vs. M/S. Delhi Hospital Supply Pvt. Ltd., New Delhi
In the result, the appeal of the Revenue is dismissed
ITA 3996/DEL/2011[2003-04]Status: DisposedITAT Delhi01 Oct 2015AY 2003-04
Bench: Shri H.S. Sidhu & Shri L.P. Sahu
For Appellant: Sh. Salil Aggarwal, Adv. &For Respondent: Md. Mohsin Alam, CIT(DR)
Section 143(3)Section 153ASection 40A(3)
…order that the AO has made the. impugned disallowances which is not based on any incriminating document/ material found during the course of search. On this issue the Kolkata Bench of ITAT has held the following in the case of LMJ International Ltd. vs. DCIT .119 TTJ 214, which is as under:- "Where nothing incriminating is found in the course of search relating to any assessment years, the 4 assessments for such years cannot be disturbed; items of regular assessment cannot be added back in the proceeding under s. l53C when no indiscriminating documents were found in respect of the disallowed amounts in the search…