Principal Commissioner Of Income Tax (Central)-2 v. Mkr Construction (P) Ltd.

$~36 & 37 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 125/2018 PRINCIPAL COMMISSIONER OF INCOME TAX (CENTRAL)-2 ..... Appellant Through:

Mr. Sanjay Kumar and Mr. Rahul Chaudhary, Standing Counsels.

versus MKR CONSTRUCTION (P) LTD.

..... Respondent Through:

AND ITA 126/2018 and CM APPL. 4345/2018 PRINCIPAL COMMISSIONER OF INCOME TAX (CENTRAL)-2 ..... Appellant Through:

Mr. Sanjay Kumar and Mr. Rahul Chaudhary, Standing Counsels.

versus MKR CONSTRUCTION (P) LTD.

..... Respondent Through:

CORAM:

HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE A. K. CHAWLA

O R D E R

% 05.02.2018 CM APPL. 4345/2018 in ITA 126/2018 Allowed subject to just exceptions.

ITA 125/2018 and ITA 126/2018 In these appeals by the Revenue, the Income Tax Appellate

Tribunal ('ITAT') had directed that the amounts brought to tax by the Revenue Authorities, in search assessments completed under Section 153A of the Income Tax Act, 1961, could not be sustained because the additions were not based upon any incriminating material seized or discovered during the search. In so concluding, the ITAT followed the ruling of this Court in the case of Commissioner of Income Tax vs. Kabul Chawla, 380 ITR 573. Hence, no question of law arises. The appeals are therefore dismissed.

S. RAVINDRA BHAT, J A. K. CHAWLA, J FEBRUARY 05, 2018 nn