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2023 (10) TMI 198 - AT - Income TaxAssessment u/s 153A - Whether incriminating material having been found during the course of search? - HELD THAT:- We note that the Learned CIT(A) did not controvert that the present A.Y. 2012-13 is the year where on the date of search, assessments were completed but he denied relief to the assessee by referring to the judgment of Hon’ble Allahabad High Court in the case of CIT vs. Raj Kumar Arora [2014 (10) TMI 255 - ALLAHABAD HIGH COURT] and in the case of E.N. Gopakumar [2016 (11) TMI 72 - KERALA HIGH COURT] - However, now the issue has been settled by Hon’ble Supreme Court by rendering judgment in the case of PCIT vs. Abhisar Buildwell P. Ltd. [2023 (4) TMI 1056 - SUPREME COURT] approving the proposition of jurisdictional High Court in the case of CIT vs. Kabul Chawla, [2015 (9) TMI 80 - DELHI HIGH COURT] In said judgments, it was categorically held by Hon’ble Supreme Court and Hon’ble Jurisdictional High Court that completed assessments can be interfered with by the AO while making assessment order under Section 153A of the Act only on the basis of some incriminating material unearthed during the course of search. As we have found, as noted above that there is no incriminating material in the hands of Assessing Officer, which was found and seized during the course of a search operation held on 22.01.2018, therefore, the completed assessment for A.Y. 2012-13 cannot be interfered in absence of any incriminating material found and seized during the course of search and seizure operation. Accordingly, are allowed and AO is directed to delete the addition.
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