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2019 (4) TMI 506 - AT - Income TaxAssessment u/s 153A - assessee had claimed deduction u/s.80IA(4) in the return of income filed u/s.139 - proof of incriminating material found in search - HELD THAT:- No incriminating material was found during the course of search and seizure action carried out by the Department against the assessee for the assessment year 2005-06.In the return of income filed u/s.139 of the Act, the assessee had claimed deduction u/s.80IA(4) of the Act, hence assessment for assessment year 2005-06. The assessment under regular provisions was completed in the case of the assessee and claim of the assessee was accepted by the Assessing Officer. There was no pending assessment when search and seizure action was carried out by the Department. It is a well settled law that when there is no incriminating material, no addition can be made where original assessments have not abated. The Hon'ble Jurisdictional High Court in the case of CIT Vs. Continental Warehousing Corporation (Nhava Sheva) [2015 (5) TMI 656 - BOMBAY HIGH COURT] has held that no addition can be made in respect of assessments which have become final if no incriminating material is found during search. As decided in M/S. MURLI AGRO PRODUCTS LTD.[2010 (10) TMI 1052 - BOMBAY HIGH COURT] once it is held that the assessment finalized has attained finality, then the deduction allowed under section 80 HHC as well as the loss computed under the assessment dated 29-12-2000 would attain finality. A.O. while passing the independent assessment order under Section 153A read with Section 143(3) of the I.T. Act could not have disturbed the assessment/ reassessment order which has attained finality, unless the materials gathered in the course of the proceedings under Section 153A of the Income-tax Act establish that the reliefs granted under the finalized assessment/reassessment were contrary to the facts unearthed during the course of 153 A proceedings.- Decided in favour of assessee
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