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2018 (3) TMI 1178 - AT - Income TaxValidity of assessment u/s 153A - Rejection of new claim of deduction in the returns of income filed u/s 153A in respect of assessment years for which assessment proceedings have not abated - Held that:- In the facts of the present case also, admittedly, no incriminating document was found, on the basis of which additions were made. In view thereof and following the ratio laid down by the Hon’ble Bombay High Court in CIT Vs. (1) Continental Warehousing Corporation (Nhava Sheva) Ltd. All Cargo Global Logistics Ltd. (2015 (5) TMI 656 - BOMBAY HIGH COURT) and in CIT Vs. Shri Deepak Kumar Agarwal [2017 (9) TMI 850 - BOMBAY HIGH COURT], we find that in the absence of any incriminating document, no addition is warranted in the hands of assessee in the respective years which are non-abated assessment years. Accordingly, we direct the Assessing Officer to delete all the additions made in the respective years from assessment years 2004-05 to 2008-09. Also the assessee is also not entitled to any fresh claim on account of depreciation on Motor Car and loss on trading of shares - Decided partly in favour of assessee
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