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2016 (11) TMI 289 - ITAT DELHIReassessment proceeding under section 153C - whether certain documents belonging to the assessee were found and seized during the search action under section 132 of the Act at the premises of “Rajdarbar Group” on 31st July, 2008 - Held that:- Since no addition has been made on the basis of material seized belonging to assessee, on the basis of which, proceedings under section 153C of the Act have been initiated in the case of the assessee, in our opinion, the first condition of no incriminating material found in the case of the assessee, during the course of search, is satisfied. Regarding the second condition, the assessee submitted that assessment for the year under consideration was not abated as the return of income under section 139(1) of the Act was filed on 30/10/2005 and limitation for issue of notice under section 143(2) was also over and no notice under section 143(2) of the Act was received before the date of search, thus the proceedings in the assessment year under consideration stood completed. The learned Commissioner of Income Tax (Departmental Representative) also could not controvert this position of completion of assessment. As both the conditions laid down in the decision of Kabul Chawla [2015 (9) TMI 80 - DELHI HIGH COURT ]have been satisfied in the case of the assessee in the year under consideration, respectfully following it, we hold that no addition could have been made in the case of the assessee in the instant assessment year. - Decided in favour of assessee
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