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2023 (6) TMI 1306 - AT - Income TaxRevision u/s 263 - Having issued notice u/s 153A and considered the return of income filed in response AO completed the assessment u/s 143(3) r.w.s.153A by making addition denying the claim of exemption u/s 10(38) - whether any interference could be made with the concluded assessments while assessing the income under section 153A of the Act, when no incriminating material was found? - HELD THAT:- As decided in ABHISAR BUILDWELL P. LTD. [2023 (4) TMI 1056 - SUPREME COURT] in complete agreement with KABUL CHAWLA [2015 (9) TMI 80 - DELHI HIGH COURT]no addition can be made in respect of the completed assessments in absence of any incriminating material. Thus we hold that since no incriminating material found in the case of assessee for the assessment year 2013-14, the concluded assessment cannot be disturbed and the addition made by Assessing Officer and sustained by the learned CIT(A) cannot be upheld. We accordingly allow the appeal of assessee.
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