Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2017 (8) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (8) TMI 657 - AT - Income TaxAssessment u/s 153A - Proof of incriminating material found during the course of search - Held that:- Addition made in the three years is not based on any incriminating material found during the course of search. In the absence of any challenge to such factual findings of the CIT(A), we find that the CIT(A) has made no mistake in applying the ratio of the judgment of the Hon'ble Bombay High Court in the case of All Cargo Global Logistics Ltd., (2015 (5) TMI 656 - BOMBAY HIGH COURT ) for deleting the impugned addition. At the time of hearing, the emphasis of the ld. DR was only on the point that the ratio laid down in the judgment of the Hon'ble Bombay High Court in the case of All Cargo Global Logistics Ltd., (supra) has not become final since the SLP filed by the Department is pending. However, in our considered opinion, the point made out by the Department does not distract from the subsisting binding nature of the ruling of the Hon'ble Bombay High Court and, therefore, we find no merit in the plea raised by the Revenue. Thus, the order of the CIT(A) is liable to be affirmed. - Decided against revenue
|