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2020 (8) TMI 558 - AT - Income TaxAssessment u/s 153A - Addition u/s 80IA - incriminating materials found during the search or not? - HELD THAT:- CIT(A) has recorded categorical finding that there is no reference to any incriminating material found as a result of search, in respect of additions made towards disallowances of deductions claimed u/s 80IA(4) CIT(A) has also, recorded a categorical finding that the issue has attained the finality in view of decision of CONTINENTAL WAREHOUSING CORPORATION (NHAVA SHEVA) LTD., ALL CARGO GLOBAL LOGISTICS LTD. [2015 (5) TMI 656 - BOMBAY HIGH COURT] as upheld the claim of deductions claimed u/s 80IA(4) - thus in absence of any incriminating material found as a result of search, no additions could be made in the assessment framed u/s 143(3) r.w.s. 153A when the assessment year in question was unabated as on the date of search. In this case, there is no doubts with regard to the fact that the assessment year in question was unabated as on the date of search. Therefore, we are of the considered view that there is no error in the findings recorded by the Ld.CIT(A) to delete additions made by the Ld. AO towards disallowances of deductions claimed u/s 80IA(4) - Decided against revenue.
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