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2019 (5) TMI 420 - AT - Income TaxAssessment u/s 153A - Deduction u/s 80IA - second search and seizure action - deduction claimed by the assessee in the return of income filed on 31.03.2007 and the same was fully allowed by the AO originally in the assessment completed u/s 153A r.w.s. 143(3) - HELD THAT:- Since the said assessment dated 31.12.2007 had become final before the second date of search conducted on 28.10.2010, the deduction allowed u/s 80IA in the said assessment could have been restricted by the AO only on the basis of any incriminating material found during the course of second search conducted on 28th & 29th October, 2010. As submitted by assessee, there was, however, no such incriminating material found during the course of search on the basis of which the claim of the assessee for deduction u/s 80IA as originally allowed was restricted by the AO and this position clearly evident from the assessment order passed by the AO is not disputed even by the ld. D.R. We, therefore, find no infirmity in the impugned order of the CIT(Appeals) deleting the disallowance made by the Assessing Officer on account of assessee’s claim for additional deduction u/s 80IA - Decided against revenue Disallowance u/s 40(a)(ia) - proceedings initiated u/s 153A pursuant to the second search and seizure action - payment of the corresponding TDS is found to have been made to the credit of Central Government before the due date of filing of the return - HELD THAT:- As original assessment proceedings resulting into disallowance u/s 40(a)(ia) had become final, we are of the view that the ld. CIT(Appeals) was not justified in entertaining and allowing the new claim made by the assessee on this issue and even the assessee has not disputed this position. We accordingly reverse the impugned order of the ld. CIT(Appeals) on this issue and allow Ground of the Revenue’s appeal. New claim made by the assessee for deduction u/s 80IA for the first time during the course of proceedings u/s 153A r.w.s. 143(3) - AO denied to entertain the said claim while the CIT(Appeals) not only entertained the said claim but also allowed the same on merit- HELD THAT:- As original assessment proceedings not allowing any deduction u/s 80IA had become final, we are of the view that the ld. CIT(Appeals) was not justified in entertaining and allowing the new claim made by the assessee for deduction u/s 80IA for the first time during the course of proceedings under section 153A r.w.s. 143(3) and even the ld. Counsel for the assessee has not disputed this position. We, therefore, reverse the impugned order of the ld. CIT(Appeals) allowing the claim of the assessee for deduction u/s 80IA - Decided in favour of revenue Exemption u/s 86 - HELD THAT:- The original assessment for A.Y. 2008-09 thus had become final and in the absence of any incriminating material found during the course of search, the disallowance made by the Assessing Officer in the assessment completed u/s 153A r.w.s 143(3) on account of assessee’s claim for exemption u/s 86 was not sustainable
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