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2022 (2) TMI 1098 - HC - Income TaxAssessment u/s 153A - Whether No incriminating material was found in the search on the assessee conducted by the Officers under Section 132? - HELD THAT:- There is distinction between proceedings "abated" and the proceedings which are "concluded", as evident from bare reading of Section 153 A of the Act, 1961. Since assessment proceedings of the respondent assessees fall under the category "concluded", therefore, provisions of Section 153 A could not have been invoked unless some specific incriminating material was found in the search. Since no incriminating material was found in the search conducted on the assessee, therefore, reassessment proceedings under Section 153 A of the Act could not have been initiated by the Assessing Officer and such initiation of proceedings was wholly without jurisdiction.- Decided in favour of assessee.
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