Smt. Shashi Agarwal vs. Dy.C.I.T.

Parties Involved

Facts Summary

Smt. Shashi Agarwal, the appellant, filed appeals against the assessment orders passed by the Assessing Officer for the assessment years 2015-16 and 2016-17. The assessment orders were passed under section 153A of the Income Tax Act, 1961, and included additions towards unexplained credits and investments. Agarwal appealed to the Commissioner of Income Tax (Appeals) [CIT(A)], which were dismissed. Agarwal then appealed to the Income Tax Appellate Tribunal (ITAT). The Tribunal considered the submissions and the relevant precedents, including the Supreme Court's decisions in Principal Commissioner of Income-tax vs. Abhisar Buildwell and Dy. CIT vs. U. K. Paints (Overseas) Ltd., which held that no additions can be made in assessment orders for completed/unabated assessments if no incriminating material is found during the search.…

Legal Issues

• 1. Whether additions can be made in assessment orders passed u/s 153A of the Act when no incriminating material was found in the course of search u/s 132 of the Act?
• 2. Whether the merits of the additions made in the assessment orders should be adjudicated?

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

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