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2023 (10) TMI 278 - HC - Income TaxAssessment u/s 153A - Addition u/s 68 - whether any incriminating material found so as to justify reopening of assessment of unabated/completed assessments u/s 153A? - HELD THAT:- As in view the law as laid down in the case of Abhisar Buildwell Private Limited [2023 (4) TMI 1056 - SUPREME COURT] followed by this Court in a recent judgment in Fortune Vanijya Private Limited [2023 (10) TMI 204 - GAUHATI HIGH COURT] we have no hesitation in holding that the Hard Drive GCL–HD–1 collected by the jurisdictional authority during the search carried out in the premises of the assessee in the year 2017 does not constitute incriminating material so as to justify reopening of assessment of unabated/completed assessments under Sections 153A of the Income Tax Act and addition to the income of the assessee under Section 68. The concurrent findings of fact recorded by the Commissioner of Income Tax (Appeals) and the Income Tax Appellate Tribunal in the 3(three) appeals of the revenue and the cross- objections of the assessee [2021 (12) TMI 1459 - ITAT GAUHATI] cannot be termed to be perverse, illegal or unjustified in any manner. Hence, we are of the unhesitant opinion that the appeals herein, do not involve any substantial question of law warranting admission.
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