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2023 (4) TMI 385 - AT - Income TaxAssessment u/s 153A - incriminating material found during the search action or not? - HELD THAT:- We find that the issue is squarely covered in favour of the assessee by the decision of CIT Vs Kabul Chawla [2015 (9) TMI 80 - DELHI HIGH COURT] followed by case of PCIT Vs RSA Digi Prints [2017 (9) TMI 530 - GUJARAT HIGH COURT] as 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. Contention of the ld. DR that any material, which was already in possession of the Department before search, is to be treated as incriminating material is concerned has no merits. A perusal of the assessment orders show that the Assessing Officer has not mentioned in the assessment record of any such material in the case of the assessee which may be constituted as incriminating material. Department has other/additional remedies, in case, it is of the view that there was escapement of income of the assessee so far as the transactions in question pursuant to which additions have been made, the same were fully declared by the assessee in its return of income and the AO has not referred to any incriminating material found during the search action for making the impugned addition. Decided in favour of assessee.
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