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2022 (11) TMI 1406 - AT - Income TaxChange in head of income in Assessment u/s 153A - making a new claim which is not a consequence of the search action in case of unabated assessment - eligibility to make a fresh claim which was not declared in the original return of income furnished u/s.139(1) - assessee claims to change his stand of the impugned deduction from the head ‘income from house property’ to ‘income from profit and gain of business' - whether the assessee is eligible to change his stand of the heads of income at the stage of section 153A proceeding, pertaining to unabated assessment year.? - HELD THAT:- As in the case of All Cargo Logistics Ltd [2012 (7) TMI 222 - ITAT MUMBAI(SB)] wherein it was held that in case of unabated assessment, the assessment u/s.153A can be made only on the basis of incriminating material, thereby restricting the scope of assessment or reassessment of total income u/s.153A to only the incriminating material seized during the search. This interpretation categorically restricts the A.O. in altering the original assessment passed u/s.143(3) only when there are new materials found during search and which was not disclosed during the original assessment. This interpretation according to us holds good even in assessee’s case. The assessee as per the decisions cited by the Revenue in case of Continental Warehousing Corporation (Nhava Sheva) Ltd [2015 (5) TMI 656 - BOMBAY HIGH COURT] , CIT Vs. Gurinder Singh Bawa [2015 (10) TMI 1761 - BOMBAY HIGH COURT] and All Cargo Logistics Ltd [2012 (7) TMI 222 - ITAT MUMBAI(SB)] restricts the fact that the assessment u/s. 153A is restricted only to incriminating material in case of unabated assessment. Also in case of Jai Steel (India) [2013 (6) TMI 161 - RAJASTHAN HIGH COURT] which held that both the assessee as well as the A.O. cannot make any claim which is not a consequence of the search action in case of unabated assessment. Provisions of section 153A cannot be interpreted as enabling the A.O./assessee to make a fresh or additional claim, which was not raised during the original assessment in absence of incriminating material found during the search - Decided against assessee.
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