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2022 (1) TMI 650 - AT - Income TaxAssessment u/s 153A - additions made under Section 80IB - revenue right to interfere in already concluded (and not abated) assessment - HELD THAT:- It is a matter of record that the assessment concerning Assessment Years 2009-10 and 2010-11 stood concluded and were not pending at the time of search. Hence, the CIT(A) has rightly applied the position of law governing the field that while making the assessment under Section 153A of the Act, the Revenue is not entitled to interfere with already concluded (and not abated) assessment passed either under Section 143(1) or under Section 143(3) of the Act and not pending at the time of search, in the absence of any incriminating documents unearth, as a result of search. This legal position is affirmed and answered in favour of the assessee by large number of judicial precedents of different jurisdiction - See MEETA GUTGUTIA [2018 (7) TMI 569 - SC ORDER], KABUL CHAWLA [2015 (9) TMI 80 - DELHI HIGH COURT]. Thus plea raised on behalf of the Revenue appears to be without merit in the case of concluded assessment concerning Assessment Years 2009-10 and 2010-11 - Decided in favour of assessee.
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