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2018 (5) TMI 138 - AT - Income TaxAssessment proceedings u/s.153A - Held that:- We had also deliberated on the judicial pronouncements cited by learned AR and DR during the course of hearing before us as well as relied on by the lower authorities while passing their respective orders. With regard to the ground No.1 taken by the Department we found that additions were deleted by CIT(A) which were found to be without any incriminating document, hence not sustainable in the assessment proceedings u/s.153A of the Act for non- abated assessment years. CIT(A) has relied on the decision of Mumbai Tribunal in the case of All Cargo Global Logistics Ltd. [2012 (7) TMI 222 - ITAT MUMBAI(SB)]. Accordingly, CIT(A) was justified in deleting the additions made on issues other than those based on any incriminating material found during the course of search. CIT(A) for restricting the disallowance to the extent of 25% of total travelling expenses for want of verification and possible non business expenses. Adding the disallowance u/s.14A while computing book profit u/s.115JB is covered in favour of assessee by the decision of the Special Bench in the case of ITAT(Special Bench) in the case of M/s. Vireet Investment Pvt. Ltd. [2017 (6) TMI 1124 - ITAT DELHI].
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