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2014 (7) TMI 859 - AT - Income TaxDis-allowance of expenditure Depreciation of motor-car, mobile phone and computers as personal in nature to the extent of 25% - Held that:- The assessee had already filed returns of the income for the AYs - at the time of search, the assessee had already filed returns for the AYs and assessments were completed - during search operations, no incriminating material was seized - The additions on account of dis-allowance of expenses and dis-allowance of depreciation were made from the documents already on record. Relying upon All Cargo Global Logistics Ltd., Vs. DCIT [2012 (7) TMI 222 - ITAT MUMBAI (SB)] - where the assessments are completed and no assessment is pending at the time of assessment u/s.153A, reassessment can be made only if incriminating materials are collected in the course of search and the items included in the earlier AYs cannot be re-considered through re-assessment re-assessment of the concluded assessment is permitted in assessment u/s.153A only if incriminating material are found in the course of search no incriminating material was found during search operation so as to dis-allow expenditure Decided in favour of Assessee.
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