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2013 (12) TMI 135 - AT - Income TaxAssessment u/s 153A - Sub-Contract payments – Books of accounts not maintained - Held that:- The assessee was reopened under section 153A - In all the four years, the assessments have been completed u/s 143(3) after examining the books of account - The issues have been crystallized in the respective assessment years, no appeals were filed in those cases, therefore, the orders would not get abated – Following All Cargo Global Logistics Ltd. Vs. DCIT [2012 (7) TMI 222 - ITAT MUMBAI(SB)] - The assessments that are pending, the AO retains original jurisdiction as well as jurisdiction conferred on him u/s 153A for which assessments shall be made for each of these assessment years separately - The assessment u/s 153A will be made on the basis of incriminating material, which in the context of relevant provisions means, a) books of account, other documents found in the course of search which were not produced in the course of original assessment, and b) undisclosed income or property disclosure in the course of search - The AO cannot make any other regular additions as done in the original assessment in the course of reassessment u/s 153A unless there is fresh material found during the course of search relevant to the assessment years under consideration – There was no reference to any specific seized document which has a direct relevance for the year under consideration which means that there was no incriminating material against the appellant for this assessment year that can prompt the AO to re-agitate the issues which was otherwise settled in the regular assessment completed earlier - Decided against Revenue.
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