Ita/941/2017 Of Principal Commissioner Of Income Tax (Central) - 1 v. Shri Shiv Priya

$~23 *IN THE HIGH COURT OF DELHI AT NEW DELHI+ITA 941/2017PRINCIPAL COMMISSIONER OF INCOMETAX (CENTRAL) – 1 ..... Appellant Through :Mr Sanjay Kumar and Mr RahulChaudhary, Advocates. versus SHRI SHIV PRIYA ..... Respondent Through :None. CORAM:HON'BLE MR. JUSTICE S. RAVINDRA BHATHON'BLE MR. JUSTICE SANJEEV SACHDEVAO R D E R%07.11.2017 1.The Revenue urges that the deletion of Rs.1,46,38,000/-, brought totax 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 toassessment as a consequence of the search undertaken after which noticewas issued under Section 153A.The Tribunal merely followed thedecision of this Court in Commissioner of Income Tax versus KabulChawla, 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 NOVEMBER 07, 2017/‘Sn’ SANJEEV SACHDEVA, J