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2020 (2) TMI 507 - AT - Income TaxAssessment u/s 153A - Whether additions have not been made on the basis of incriminating materials or documents found during Search & seizure action u/s 132 ? - unexplained investment - HELD THAT:- Considering the latest judgment of Hon’ble High Court of Delhi in the case of Principal CIT & Ors V/s Meeta Gutgutia [2017 (5) TMI 1224 - DELHI HIGH COURT] come to the conclusion that since the assessment orders in question were concluded and non abated assessments no addition can be made in the assessment proceedings u/s 153A of the Act unless there is any incriminating material found during the course of search. We find no inconsistency in the finding of Ld. CIT(A) quashing the assessment proceedings u/s 153A of the Act since the additions were not made on the basis of any incriminating material found during the course of search. - Decided against revenue.
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