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2022 (12) TMI 1125 - AT - Income TaxAssessment u/s 153A - disallowance of deduction u/s 80IC - HELD THAT:- We note that the assessment was framed u/s notice u/s 153A of the Act. In the assessment order, no specific reason has been given by the Assessing Officer for making disallowance. He has not pointed out the defect if any noted in the books of accounts of the assessee warranting the said disallowance. In our considered opinion, CIT(A) has taken a correct view of that matter. Without pointing out any shortcoming in the claim of the assessee in terms of section 80IC of the Act, no disallowance is sustainable. More so when the AO himself noted that the assessee has furnished complete details and no defect has been pointed out. In this view of the matter, in our considered opinion, there is no infirmity in the order of the Ld. CIT(A), hence, we uphold the same. Whether addition has been made de-hors incriminating material found during search? - The assessee had also relied upon Hon’ble jurisdictional High Court decision in the case of Kabul Chawla [2015 (9) TMI 80 - DELHI HIGH COURT ] CIT(A) has dismissed this ground of the assessee. We find that the same is only of academic interest. As, we have upheld the Ld. CIT(A)’s order on merits and the Revenue’s appeals are liable to be dismissed. Accordingly, the Cross Objections of the assessee are also dismissed as infructuous.
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