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2013 (11) TMI 665 - AT - Income TaxAddition made during the assessment u/s 153A of the Income Tax Act - Addition u/s 68 of the Income tax act No incriminating documents found during search Assessment has not been abated Held that:- In assessments that are abated, the AO retains the original jurisdiction as well as jurisdiction conferred on him u/s 153A for which assessments shall be made for each of the six assessment years separately - In other cases, in addition to the income that has already been assessed, the assessment u/s 153A will be made on the basis of incriminating material, which in the context of relevant provisions means- (i) books of account, other documents, found in the course of search but not produced in the course of original assessment, and (ii) undisclosed income or property discovered in the course of search. In the present case, the assessment had been completed under summary scheme u/s 143(1) and time limit for issue of notice u/s 143(2) had expired on the date of search. Therefore, there was no assessment pending in this case and in such a case there was no question of abatement of assessment. Therefore, addition in the assessment u/s 153A could be made only on the basis of incriminating material found during search Reliance has been placed on the judgment in the case of Alcargo Global Logistic Ltd. [2012 (7) TMI 222 - ITAT MUMBAI(SB)] In absence of incriminating material recovered or statement recorded during the search, showing non-genuineness of gifts was beyond jurisdiction, hence addition so made at ₹ 20,00,000/- on account of non-genuineness of the gift which was not made in the original assessment u/s 143(3) of the Act, was rightly deleted by the Ld. CIT(A) Decided in favor of Assessee.
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