PCIT v. Raj Kumar Golecha (2026) 348 CTR 465 (Raj.)(HC)

S. 153A: Assessment-Search-Long-term capital gains-exemption-In case of unabated assessment, no addition can be made in the absence of incriminating material found during search. [S.10(38), 68, 132, 260A]

The Assessing Officer treated long-term capital gains as undisclosed income solely on the basis of information received from the Investigation Wing, without relying upon any incriminating material found during the course of search or any other evidence. The High Court held that, in respect of a completed or unabated assessment, no addition can be made under section 153A in the absence of incriminating material found during the search. Since the addition was based merely on the Assessing Officer’s presumption, the Tribunal was justified in deleting the addition. (AY. 2014-15)

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