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2016 (4) TMI 336 - HC - Income TaxScope of assessment u/s 153A - Addition on account of the undisclosed turnover - Held that:- We find that the issue raised herein is no longer open to debate as it is covered by the decision of this Court in the case of All Cargo Global Logistics Ltd. (2012 (7) TMI 222 - ITAT MUMBAI(SB)). It dealt with both pending assessment as well as completed assessment. In the above case, three years out of six assessment years were pending assessment for the purpose of Section 153A of the Act. Therefore, the decision of this Court in All Cargo Global Logistics Ltd. (supra) would apply to the present facts even if one accepts the stand of the revenue that the assessment is not complete as no notice under Section 143(2) of the Act had been issued. So far as the next submission on behalf of the Revenue viz. of extrapolation of evidence found during search is concerned, this Court in All Cargo Global Logistics Ltd. (supra) had negatived the revenue's submission before it that the assessment under section 153A of the Act is not to be restricted only to the incriminating material found during the course of search but would extend to other material also. Therefore in the facts of present case this issue is covered by the decision of this Court in All Cargo Global Logistics Ltd. (supra) in favour of the respondent-assessee inasmuch as it restricts the assessment to be made only to the incriminating material found during the course of search. The reliance upon the decision of the Supreme Court in H.M. Esufali H.M. Abdulali (1973 (4) TMI 49 - SUPREME Court) is inappropriate. This is so as it was passed under the sales tax law and it proceeded the basis of best judgment assessement i.e. disregarding the assessee's books of account. It is not so in this case. - Decided in favour of assessee
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