Held that the assessment for the assessment year 2012-13 was unabated on the date of search, since search was conducted on October 16, 2014 and time limit for issue of notice under section 143(2) of the Income-tax Act, 1961, had expired on September 30, 2013. Therefore, when the assessment was unabated or concluded on the date of search, no addition could be made for that year in the absence of incriminating material found as a result of search. As regards interest received there was a direct nexus between the incriminating material found during the course of search and interest income assessed to tax for the assessment year 2012-13. Therefore, the addition made towards the bank loan interest was to be sustained. (AY.2012-13)
C. Vijayalakshmi (Mrs.) v. Dy.CIT (2021) 92 ITR 142 (Chennai) (Trib.)
S. 153A : Assessment-Search or requisition-Unabated on date of search-Addition cannot be made-Interest income having direct nexus with incriminating material found-Addition is held to be justified. [S. 132, 143(2), 153C]