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2017 (3) TMI 1045 - AT - Income TaxAssessment orders passed with reference to section 153A - Held that:- We agree with the contentions of Ld. AR that the additions made by the assessing officer is based on the details that is available on record that is from documents like balance sheet, profit and loss account, returns filed by the assessee. It is also observed that no material has been ceased from the premises of assessee, or elsewhere, that is belonging to assessee, which could be a basis of making addition in the hands of assessee. There is no mention regarding any such incriminating materials by the assessing officer in the assessment order. Further for assessment year 2004-05 it is observed that intimation under section 143(1) was processed by the assessing officer on the basis of the original returns filed by and time limit for issuance of notice under section 143(2) has passed in case of both assessment years. Under such circumstances assessments had not abated as on the date of search and in the absence of any incriminating material a completed assessment cannot be interfered with, by the assessing officer while completing assessment under section 153A. In a peculiar case like this the additions has to be based on some incriminating material unearthed during the course of search or requisition of documents or undisclosed income or property discovered in the course of search, which was not produced. Accordingly, we hold that assessing officer did not have jurisdiction to frame assessment for the years under consideration. Consequentially, we hold the assessment orders passed with reference to section 153A of the Act are unsustainable in law - Decided in favour of assessee.
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