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2023 (12) TMI 415 - HC - Income TaxValidity of Assessment u/s 153A - fresh material/information received after the date of search - HELD THAT:- Supreme Court in the case of Abhisar Buildwell [2023 (4) TMI 1056 - SUPREME COURT] approved of the view taken by this court in the case of Kabul Chawla [2015 (9) TMI 80 - DELHI HIGH COURT] as held no addition can be made in respect of the completed assessments in absence of any incriminating material. Admittedly, the assessment for the Assessment Year 2011-12 was finalized on 20.01.2012 and no notice under Section 143(2) of the Act was issued, as such no assessment was pending on the date of search action i.e. 29.10.2013. Also admittedly, in the present case, during the search action against the respondent/assessee no incriminating material was found and the material in the form of statement of Shri B.P. Singh now sought to be relied upon by the appellant/revenue was recorded subsequent to the search action. Therefore, the proposed question of law cannot be admitted as substantial question of law.
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