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August 11, 2023

HC Dismisses Appeal After Income Tax Search Turns Up No Incriminating Evidence

HC Dismisses Appeal After Income Tax Search Turns Up No Incriminating Evidence

Fact and issue of the case

Allowed, subject to just exceptions.

CM No. 37823/2023 in ITA No. 403/2023

CM No.37841/2023 in ITA No. 405/2023 

CM No.37849/2023 in ITA No. 406/2023

These are applications moved on behalf of the appellant/revenue, seeking condonation of delay in filing the appeals.

According to the appellant/revenue, there is a delay of 89 days in filing the above-captioned appeals.

For the reasons mentioned in the application, the delay is condoned.

The applications are disposed of. ITA No. 403/2023, ITA No. 405/2023 and ITA No. 406/2023

These appeals concern Assessment Year (AY) 2013-14 (ITA No. 403/2023), AY 2011-12 (ITA 405/2023) & AY 2009-10 (ITA 406/2023).

Mr Puneet Rai, learned senior standing counsel, who appears on behalf of appellant/revenue, says that as per the findings confirmed by the Income Tax Appellate Tribunal [in short, “Tribunal”] via a common judgment dated 12.10.2022, no incriminating material was found vis-à-vis in these AYs.

It is also not disputed that these AYs concern completed assessments.

Observation of the court

Thus, even according to Mr Rai, the issue which arises in the present appeals stands covered by the judgment of the coordinate bench of this Court, rendered in Commissioner of Income Tax (Appeals) [in short, CIT(A)] Vs. Kabul Chawla, (2016, 380 ITR, 573).

The aforementioned judgment has been affirmed by the Supreme Court in Principal Commissioner of Income Tax, Central-3 vs Abhisar Buildwell, 2023, SCCOnline SC 481.

Consequently, the above-captioned appeals are closed, as no substantial question of law arises for our consideration.

Parties will act based on the digitally signed copy of the order.


In the result, appeal of the assessee is allowed and ruled in favour of the assessee

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