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2022 (4) TMI 1503 - AT - Income TaxAssessment u/s 153A - incriminating material found or seized during the course of search or not - HELD THAT:- As in CIT Vs. Sinhaghad Technical Educational Society [2017 (8) TMI 1298 - SUPREME COURT] that no such proceedings initiated u/s 153A of the Act sustainable in law for want of incriminating material found or seized during the course of search. We make it clear that although the Revenue has vehemently argued that there indeed exists sufficient seized material in light of the annexures attached with the DRP’s directions (supra), a perusal thereof sufficiently indicates that this so called material parts already formed of the assessee’s books which had already been considered in both the corresponding scrutiny assessments pending on the date of search. This tribunal’s Special Bench’s decision in All Cargo Global Logistics Ltd. [2012 (7) TMI 222 - ITAT MUMBAI(SB)] holds that incriminating material is that material which is found during the course of search and not produced in the course of original assessment and undisclosed income or property disclosed during the course of search, as the case may be. We find from a perusal of the case(s) records and more particularly in light of the DRP’s compilation of the alleged seized material it only includes the assessee’s expenses / claims or EBIDTA details etc. which could hardly be termed as anything incriminating in the foregoing terms. Decided in favour of assessee.
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