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2023 (7) TMI 176 - HC - Income TaxAssessment u/s 153A - whether addition can be made in respect of completed/ unabated assessment in absence of any incriminating material? - HELD THAT:- The decision of Saumya Construction [2016 (7) TMI 911 - GUJARAT HIGH COURT] to held that the case of completed assessment/unabated assessment in absence of any incriminating material will not permit making of addition by the AO and that the AO has no jurisdiction to reopen the completed assessment. Finally, the supreme court confirmed the view taken in Kabul Chawla [2015 (9) TMI 80 - DELHI HIGH COURT] and of this Court in Saumya Construction [2016 (7) TMI 911 - GUJARAT HIGH COURT] laying down the law that no addition can be made in respect of completed assessment in absence of any incriminating material. The supreme court in laying down the proposition considered the object and purpose of insertion of section 153A of the Act. In view of the above decision of the supreme court in Abhisar Buildwell P. Ltd. [2023 (4) TMI 1056 - SUPREME COURT] there is no gainsaying that the issue sought to be raised and the substantial questions of law ought to be put forth in that context, are answered. No case is made out in this appeal. No substantial question of law could be said to be arising in view of law laid down by the supreme court in Abhisar Buildwell P. Ltd. [2023 (4) TMI 1056 - SUPREME COURT].
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