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2021 (9) TMI 216 - AT - Income TaxAssessment u/s 153A - addition u/s 68 - whether material seized during search operations suggesting concealed income? - HELD THAT:- It is an admitted fact that on the date of search, the assessment for the Assessment Years 2009-10 and 2010-11 had attained finality and were not pending on the date of search. Hence, the assessment for the Assessment Years 2009-10 and 2010-11 cannot be treated as abated assessments. Further, it is also an admitted position that the additions which have been made by the Assessing Officer u/s. 68 is neither based on any seized documents or any incriminating material found during the course of search. As the additions made in the order passed U/s. 153A, for the captioned assessment years which are unabated assessments, cannot be made, because same are beyond the scope of assessments u/s. 153A as the same are without any incriminating documents found during search. Hence on legal grounds the impugned additions are deleted. - Decided in favour of assessee.
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