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2023 (1) TMI 885 - AT - Income TaxAssessment u/s 153A - Whether incriminating material was found during the search action and that as per the settled law in the case of completed assessment (not abated) on the date of search? - HELD THAT:- We find that the issue is squarely covered in favour of the assessee by the decision in the case of CIT Vs. Kabul Chawla [2015 (9) TMI 80 - DELHI HIGH COURT] and decision of case of 'Principal CIT Vs. Meeta Gutgutia Prop M/s. Ferns 'N' Petals",[2017 (5) TMI 1224 - DELHI HIGH COURT] have been unanimous to hold that in relation to the assessments which have already been concluded, the AO is precluded from making additions on any other issue except relating or concerning to the incriminating material found during the search action. AO cannot disturb the assessment order or reassessment order which has attained finality, unless the material gathered in the course of proceedings u/s. 153A of the Act establishes that relief granted under the final assessment/reassessment was contrary to the fact unearthed during the course of 153A proceedings. Appeal of the Revenue stands dismissed.
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