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2022 (12) TMI 937 - AT - Income TaxRevision u/s 263 by CIT - treating the order of assessment passed u/s.143(3) r.w.s 153A as erroneous - HELD THAT:- The scope of making assessment of total income u/s.153A of the Act in an unabated assessment proceedings is limited and can be only of assessing income that is not disclosed which is detected or which emanates from material found in the course of search of the Assessee, as has been held by M/S. Delhi International Airport Ltd.[2021 (11) TMI 928 - KARNATAKA HIGH COURT] In assessee’s case the assessment is completed u/s.143(3) r.w.s. 153A and as per the ratio laid down by the Hon’ble High Court the scope of making additions by the AO is restricted only to income that is not disclosed which is detected or which emanates from material found in the course of search which are incriminating. The impugned issue of assets written off and the expenditure claimed without TDS for which the PCIT has invoked the revisionary power are not arising out of incriminating material and have already been disclosed in the financials of the assessee. AO therefore could not have made any addition towards the same. We therefore are of the considered view that treating the order of assessment passed u/s.143(3) r.w.s 153A as erroneous on this ground is not tenable and that the PCIT is not correct in invoking the revisionary powers u/s.263. Accordingly the order passed u/s.263 by the PCIT is quashed.
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