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2018 (5) TMI 2052 - HC - Income TaxAddition u/s 153A - addition made by AO in the course of the scrutiny of the assessment - whether no fresh relating material was discovered during the search and seizure proceedings under Section 132 of the Act to justify the addition under Section 154A? - HELD THAT - A similar set of appeals on identical question were dismissed 2018 (4) TMI 401 - DELHI HIGH COURT wherein held the assessments can be said to be pending only if the AO is statutorily required to do something further. If the section 143(2) notice has been issued the assessment can be said to be pending. However an assessment which has been contested up to the High Court cannot be said to be pending. The power given by the first proviso to assess income for six assessment years has to be confined to the undisclosed income unearthed during search and cannot include items which were disclosed in the original assessment proceedings. A perusal of the assessment order passed u/s 153A of the Act reveals that the AO has not made any reference whatsoever to any incriminating material found as a result of the search and the addition has been made entirely on the basis of allegation of accommodation entry which in turn is based on some material said to have been gathered from stock exchange but which does not specifically point out towards the assessee. The Court is of the opinion that the application of case KABUL CHAWLA 2015 (9) TMI 80 - DELHI HIGH COURT in the circumstance was justified. In these circumstances no question of law arises.
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