Pr. Commissioner Of Income Tax Central Delhi-3 v. Gurnam Arora

$~16 IN THE HIGH COURT OF DELHI AT NEW DELHI+ITA 669/2016 PR. COMMISSIONER OF INCOME TAX CENTRAL DELHI-3 ..... Appellant Through: Mr. Asheesh Jain, Adv., Sr. St. Counsel,Income Tax Department. versus GURNAM ARORA ..... Respondent Through:Mr.SalilKapoor,Mr.SumitLalchandani, Mr. Sanat Kapoor and Ms. AnanyaKapoor, Advs. CORAM:HON'BLE MR. JUSTICE S. RAVINDRA BHATHON'BLE MR. JUSTICE NAJMI WAZIRIO R D E R%10.02.2017 The Revenue is aggrieved by an order of the ITAT whichupheld the Assessee’s cross objection as to the validity of the SearchAssessment completed under Section 153A of the Income Tax Act,1961 (‘the Act’). After completion of the search, the Assessee wasissued notice under Section 153A of the Act. The assessment resultedin addition of amounts under the head “Long Term Capital Gains”.The Assessee successfully contended before the ITAT that theadditions were untenable because they were not based upon anymaterial seized during the search.The ITAT upheld the additions applying the ratio of the decision of this Court in Commissioner ofIncome Tax vs. Kabul Chawla 280 ITR 573. Since the ITAT merely followed the rule enunciated by thisCourt in Kabul Chawla (supra), no substantial question of law arises.The appeal is, therefore, dismissed. S. RAVINDRA BHAT, J FEBRUARY 10, 2017/acm NAJMI WAZIRI, J