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2018 (5) TMI 1993 - AT - Income TaxAssessment u/s 153A - Addition u/s 68 & Section 36(1) (iii) - Whether any incriminating material found in search or not? - HELD THAT:- In clause (vii), it is stated "Completed assessments can be interfered with by the AO while making the assessment under Section 153A only on the basis of some incriminating material, the completed assessment can be reiterated and the abated assessment or reassessment can be reiterated and the abated assessment or reassessment can be made". In clause (vii), it is stated "Completed assessments can be interfered with by the AO while making the assessment u/s 153A only on the basis of some incriminating material unearthed during the course of search. Reliance upon the decision of CIT vs. Sri. Raj Kumar Arora [2014 (10) TMI 255 - ALLAHABAD HIGH COURT] by the Ld. DR will not be appropriate in the present case as the Hon'ble Delhi High Court has categorically stated that completed assessments can be interfered with by the AO while making the assessment under Section 153A only on the basis of some incriminating material unearthed during the course of search. Thus, there is no need to interfere with the findings of the CIT(A) as the issue herein is already covered in favour of the assessee by the Hon'ble Delhi High Court decision of Kabul Chawla [2015 (9) TMI 80 - DELHI HIGH COURT] - Decided against revenue.
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