Allowing the appeal the Court held that the Tribunal was not justified in reversing the order of the Commissioner (Appeals) setting aside the order under section 153A when there did not exist any incriminating material found during the search under section 132 for issuing notice under section 153A. Hence the order of the Tribunal was set aside and the order of the Commissioner (Appeals) was restored.
S. M. Kamal Pasha v. Dy. CIT (2023)454 ITR 157 (Karn)(HC)
S. 153A: Assessment-Search-No incriminating material found Assessment completed on date of search-Addition cannot be made. [S. 132]