Principal Commissioner Of Income Tax (Central) - 1 v. Shri Shiv Priya

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ ITA 941/2017 PRINCIPAL COMMISSIONER OF INCOME TAX (CENTRAL) - 1 ..... Appellant Through :

Mr Sanjay Kumar and Mr Rahul Chaudhary, Advocates.

versus SHRI SHIV PRIYA ..... Respondent Through :

None.

CORAM:

HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 07.11.2017 1.

The Revenue urges that the deletion of Rs.1,46,38,000/-, brought to tax as deemed dividend under Section 2(22)(e) of the Income Tax Act, 1961, was not justified in the circumstances. 2.

This Court notices that the amounts were added, pursuant to assessment as a consequence of the search undertaken after which notice was issued under Section 153A.

The Tribunal merely followed the decision of this Court in Commissioner of Income Tax versus Kabul Chawla, 380 ITR 573 holding that in the absence of incriminating material, the Assessing Officer could not have re-opened the complete assessment. Therefore, no question of law arises.

3.

The Appeal is dismissed.

S. RAVINDRA BHAT, J SANJEEV SACHDEVA, J NOVEMBER 07, 2017/'Sn'