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2018 (9) TMI 104 - AT - Income TaxAssessment u/s 153A - Held that:- In view of the law laid down by Hon’ble jurisdictional High Court in Kabul Chawla (2015 (9) TMI 80 - DELHI HIGH COURT) case, we are of the considered view that when no incriminating material has come on record during the search and seizure operation conducted at the premises of the assessee rather assessment has been based upon special audit report whereas such facts were already brought on record by the assessee by filing original return of income along with computation, the assessment framed u/s 153A read with section 143 (3) is not sustainable in the eyes of law, hence the assessments for AYs 2002-03 & 2003-04 are ordered to be quashed.
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