TMI Blog2019 (7) TMI 1828X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessee for the assessment years under appeal, the addition as made by the AO is unsustainable. Consequently, the findings of the Ld.CIT(A) on this issue stands confirmed. Appeals filed by the Revenue are dismissed. - ITA Nos. 3186 to 3188/Chny/2017 - - - Dated:- 2-7-2019 - SHRI GEORGE MATHAN, JUDICIAL MEMBER AND SHRI VIKRAM SINGH YADAV, ACCOUNTANT MEMBER For the Department : Mr.M.S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee in response to the said notice on 16.06.2015. It was a submission that the assessments came to be completed u/s.143(3) r.w.s.153A on 30.12.2016, wherein, substantially two additions had been made. One on account of the disallowance by invoking the provisions of Sec.40A(2)(b) of the Act in respect of the lease rent paid by the assessee company to the Managing Director of the assessee comp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Hon ble Supreme Court in the case of Principal CIT vs. Meeta Gutgutia reported in [2018] 96 taxmann.com 468 (SC), wherein, it has been categorically held that the provisions of Sec.153A cannot be invoked to re-open the concluded assessments of the assessment years earlier to year of search in the absence of incriminating material found during the search qua each such earlier assessment years. It ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ays down the same principles. In these circumstances, respectfully following the principles laid down by the Hon ble Supreme Court in the case of Principal CIT vs. Meeta Gutgutia as no incriminating material has been found in the course of search in the case of the assessee for the assessment years under appeal, the addition as made by the AO is unsustainable. Consequently, the findings of the Ld. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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