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2013 (9) TMI 439 - AT - Income TaxReassessment pursuant to Search u/s 132 or 132A - Condition for invocation of section 153A of the Income Tax Act - Relying upon the judgment in the case of All Cargo Global Logistics Ltd [2012 (7) TMI 222 - ITAT MUMBAI(SB)], it was held that completed assessments falling within six year can only be reopened if some incriminating material is found during search – Similar views were expressed in the case CIT vs Anil Kumar Bhatia [2012 (8) TMI 368 - DELHI HIGH COURT]. In the present case the assessments for assessment year 2004-05 & 2005-06 were already completed - There was no incriminating material found during search for these years - There was no incriminating material found during search for these years as is apparent from arguments of Ld. AR and from records and Ld. Departmental Representative did not bring to our notice regarding any incriminating material having been found during search – Decided in favor of Assessee.
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