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2018 (12) TMI 318 - AT - Income TaxAssessment u/s 153A - Calculation of deduction u/s 80HHC - excluding 90% of net surplus received on cancellation of foreign exchange contracts while calculating deduction - Held that:- Though the terminology used is incriminating material by the Revenue regarding the documents found during the search from the records of the original assessment u/s 143(1), it appears that all these materials were present during the original assessment proceedings for which entries are available in books of accounts. The decision in case of CIT vs. Kabul Chawla [2015 (9) TMI 80 - DELHI HIGH COURT] which lays down the entire law with regard to Section 153A has given certain conditions while proceedings with Section 153A proceedings and when there is no incriminating material. The decision in case of Kabul Chawla (supra) clearly stated that Section 153A cannot be invoked in absence of any incriminating material found /seized during the course of search. Therefore, we are allowing the additional legal ground in A.Y. 2002-03 - decided in favour of the assessee AO jurisdiction to revisit the claim u/s 80HHC allowed in the original assessment u/s 143(3) - Held that:- Assessing Officer had no jurisdiction to revisit the claim u/s 80HHC allowed in the original assessment u/s 143(3), which was completed well before the search; it was because no incriminating material was found in search or in subsequent enquiry. Since, no evidence was found during search and there is no remote nexus with the determination of claim u/s 80HHC, the Assessing Officer had no jurisdiction to revisit the claim in re-assessment u/s 153A.
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