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2016 (12) TMI 1572 - AT - Income TaxAssessment u//s 153C - Held that:- We find that on the date of search the assessment for the instant year had already attained finality as the return was filed on 30.9.2006 whereas the search was conducted on 6.10.2010. We also find from the perusal of provision of section 153C of the Act that the AO shall assess the income in respect of six assessment years prior to the year in which the search was conducted. It has also been provided in the section that the assessment which are pending on the date of search shall be abated and assessment shall be made by the AO under section 153C in the same manner as assessment u/s 143(3) of the Act whereas in respect of those assessment years out of six years which are not pending on the date of search and have attained the finality, the AO has limited jurisdiction to make addition based upon the material seized during the course of search and not otherwise. As per All cargo Global Logistics Ltd. Vs. DCIT [2012 (7) TMI 222 - ITAT MUMBAI(SB)] in respect of assessments which has attained finality on the date of search the additions can only be made based on the search materials. We accordingly, find merit in the contention of the ld. AR and hold that the order of the ld.CIT(A) is wrong and cannot be sustained qua upholding the additions made in the assessment year by the AO without seized material. We accordingly, set aside the order of ld.CIT(A) and hold that the addition is without jurisdiction under section 153C - Decided in favour of assessee.
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