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2015 (1) TMI 1015 - AT - Income TaxAssumption of jurisdiction u/s 153A by AO - addition to income - CIT(A) deleted additions - Held that:- The Department has failed to bring any material on record to show that additions made were on the basis of any incriminating material. On the contrary, it is evident on record, in the search assessment, AO has revisited the issues which were subject matter of original assessments. Even, assuming that AO has proceeded u/s 153C, we need to observe, neither the assessment order nor any other material placed before us could indicate that any valuable article, thing, document etc., belonging to assessee was found as a result of search to enable the AO to initiate proceeding even u/s 153C of the Act. Thus, the conditions of neither section 153A nor section 153C are satisfied. That being the case, proceeding could not have been initiated against the assessee either u/s 153A or u/s 153C of the Act. In the aforesaid view of the matter, we do not find any reason to interfere with the order of ld. CIT(A) in holding that AO could not have made the additions. - Decided in fvaour of assessee. Disallowance of general expenses of ₹ 34,000 - power of CIT(A) to set aside the issue to AOHeld that:- d. CIT(A) in principle, having held that expenditure incurred towards gift items is allowable as business expenditure should have deleted the addition. In the aforesaid facts and circumstances, we consider it appropriate to delete the addition of ₹ 34,000. - Decided in favour of assessee.
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