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2016 (6) TMI 549 - AT - Income TaxValidity of the assessment order passed u/s. 153A read with Section 143(3) - Held that:- In the present case, the assessment had been completed under summary scheme under section 143(1) and time limit for issue of notice under section 143(2) had expired on the date of search. Therefore, there was no assessment pending in this case and in such a case there was no question of abatement. Therefore, addition could be made only on the basis of incriminating material found during search. The gift deeds and the copies of return of income of the donors that were found at the time of search could not be considered to be incriminating material for the purpose of addition in view of the fact that these very documents were the basis of the gifts that were considered by the assessee while crediting the capital account. Thus we are of the view that these assessments framed u/s.153A need to be quashed. Ordered accordingly. Legal issue has been decided in favour of the assessee.
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