Question And Answer
Subject: Search and seizure action has taken place on 30 -9 -2015 last date for issuing notice was 30 -9 .2015 for the assessment year 2014 -15 whether the assessment is abated , when no incriminating documents were found for the relevant assessment year ?
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Date: May 26, 2021
Query asked by CA MANOJ KUMAR

Dear Sir,

My query is as follows:

If a search on a person took place on 30.09.2015

Return for assessment year 2014-15 filed on 30.03.2015

Last date for issuing notice under section 143(2) is 30.09.2015

Whether we can say, proceeding  for A.Y. 2014-15 is unabated proceedings or not

Whether the plea that addition can be made only on the basis of search document can be taken for A.Y. 2014-15

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Answer given by

Please verify whether assessment u/s 143 (1) is completed . If the assessment is completed and no incriminating documents seized for the Assessment year 2014 -15 , one can take the plea no addition can be made on the basis of search action . As the notice to issue u/ 143 (2) has not expired on 30 -9 -2015 it is debatable to contend that the assessment is abated . The assessee may refer PCIT v. Rameshbhai Jivraj Desai (2021) 276 Taxman 154 (Guj.)(HC), Dinesh Salecha v. Dy. CIT (2021) 85 ITR 41 (SN)(Mum) (Trib)

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