Pr. Commissioner Of Income Tax-5 v. L.d. Crystal Pvt. Ltd

$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 44/2019 & CM Appl. 2626/2019 PR. COMMISSIONER OF INCOME TAX-5 ..... Appellant Through: Mr.Zoheb Hossain, Sr.Std.Counsel Mr. Deepak Anand, Jr.Std.Counsel versus L.D. CRYSTAL PVT. LTD. ..... Respondent Through: None. CORAM:HON’BLE MR. JUSTICE S. RAVINDRA BHATHON’BLE MR. JUSTICE PRATEEK JALAN O R D E R25.02.2019 % CM Appl. 2626/2019 For the reasons stated in the application, delay of 55 days in refilling the appeal is condoned. The application is disposed of. ITA 44/2019 1.In this appeal under Section 260A of the Income Tax Act, 1961, the Assessee was subjected to search proceedings and later the assessment was completed under Section 253A and substantial amounts were added in the assessment made. 2.The ITAT ultimately held that the additions were not justified, on application of the interpretation to the provisions in Commissioner of Income Tax versus Kabul Chawla, 380 ITR 573 (Del.), since no incriminating material was seized during the search. ITA 44/2019 page 1 of 2 3.The Court in Kabul Chawla (supra), had ruled that in the absence of any incriminating material, the assessment finalized originally could not be re-opened. 4.The Court also notices that likewise for earlier years too, the same order has been made in respect of the assessee in question [in ITA 1101-1102/2017 by order dated 04.12.2017]. 5.The appeal is accordingly dismissed. S. RAVINDRA BHAT, J FEBRUARY 25, 2019 ‘hkaur’ PRATEEK JALAN, J