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2017 (11) TMI 1219 - AT - Income TaxProceedings under section 153A - addition u/s 68 - as per assessee no incriminating material was found during the course of search about the cash credits of which additions have been made - Held that:- As during the course of search, no incriminating material was found in respect of assessment years under appeals so as to make additions of unexplained cash credits under section 153A of the I.T. Act. The A.O. made additions of unexplained cash credits in all the assessment years under appeals without there being recovery of any incriminating material found during the course of search. All the original returns had already been filed prior to the search and the last date of issue of notice under section 143(2) had already expired on the date of search. Therefore, on the date of search on 22nd March, 2010, no assessments were pending for assessment years under appeals. In the facts and circumstances of the case, it is clear that A.O. was not justified in invoking the provisions of Section 153A of the Act against the assessee. Direction under section 150(1) should be issued for taxing this amount under section 148 as submitted by DR? - Held that:- We are afraid to accept this contention of the Ld. D.R. because it is the sole prerogative of the A.O. to initiate re-assessment proceedings after satisfying the conditions of Section 148 and recording the reasons for the same. The jurisdiction of the A.O. cannot be ushered-up in the present proceedings. Since the appeals have already been allowed in favour of the assessee, therefore, what remedy is available to the Revenue for proceeding further against the assessee cannot be raised in the present proceedings. The scope of the proceeding cannot be enlarged to give a different colour to proceed against the assessee. Once assessment orders have been set aside under section 153A of the I.T. Act and additions have been deleted, Revenue is at liberty to take any action as per Law, if so, advised in accordance with Law. Therefore, no direction is required under section 150(1) of the I.T. Act. - Decided against revenue
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