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2012 (10) TMI 1090 - AT - Income TaxAssessment u/s 153A - Deduction u/s 80IA and 80IB - Held that:- Instead of complying with the requirements of section 153A of the Act, the A.O. proceeded with the pending assessment proceeding for the A.Y.and passed the impugned assessment order during the pendency of the assessment u/s 153A of the Act which is a nullity and as such the assessment order dtd. 27-12-2006 passed u/s 143(3) of the Act is illegal, arbitrary, wholly without jurisdiction and, hence, the same is quashed. As regards the plea of the ld. D.R. that in the assessment order passed u/s 153A of the Act, the A.O. has made the additions/disallowances on the basis of the impugned assessment order passed u/s 143(3) of the Act, therefore, on equitable ground, the said additions may remain to be considered as made in the assessment order passed u/s 153A of the Act, we find that it is a settled law that where there is no ambiguity and the intention of the legislature is clearly conveyed, there is no scope for the court to undertake any exercise to read something into the provisions which the legislature in its wisdom concisely omitted. Such an exercise is undertaken by the court may amount to amending or altering statutory provisions. The courts have to decide what the law is and not what it should be.
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