No Incriminating Material Found During Search: Madhya Pradesh High Court Dismisses Department’s Appeal

The Madhya Pradesh High Court's Indore Bench dismissed the department's appeal, ruling that no incriminating documents were discovered during the search.

The division bench of Justices Sushrut Arvind Dharmadhikari and Prakash Chandra Gupta observed that the order in appeal did not suffer any illegality that would give rise to a proposed substantial question of law.

The department raised the issue of whether, in the absence of any incriminating documents seized during the course of the search, the Assessing Officer is justified in making the addition to non-abated assessment orders under Section 153-A.

The appeal before the CIT (Appeals) was directed against the addition of income by the assessing officer taking production on a presumptive basis and working out estimated income.

The sum total of the additions was not based on any incriminating material found during the search.

The court dismissed the department's appeal because there was no substantial question of law in the case.

Case Title: PCIT Versus M/s Great Galleon Ventures Ltd.

Citation: 2023 LiveLaw (MP) 34

Date: 02.02.2023

Counsel For Appellant: Advocate Veena Mandlik

Counsel For Respondent: Ibrahim Kannodwala

Click Here To Read The Order