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2018 (1) TMI 1591 - AT - Income TaxAssessment u/s 153A - Disallowance u/s 14A - CIT(A) deleted the disallowance by relying on the judgment of CIT Vs. All Cargo Global Logistics Ltd. [2012 (7) TMI 222 - ITAT MUMBAI(SB)] - HELD THAT:- During the course of the search and seizure action conducted on the assessee on 29.08.2011, no material whatsoever was found as regards the disallowance u/s 14A. We find that the Hon’ble High Court of Bombay in the case of CIT Vs. All Cargo Global Logistics Ltd. (Supra) had upheld the order of the special bench of the Tribunal, wherein it was observed that in the absence of incriminating material seized during the course of the search and seizure proceedings conducted under Sec. 132, no addition in respect of an unabated assessment could be made. CIT(A) in the present case going by the rule of judicial discipline had followed the judgment of the Hon’ble High Court of Bombay in the case of All Cargo Global Logistics Ltd. (supra), therefore, no infirmity emerges from his order. - Decided against revenue.
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