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2024 (4) TMI 885 - ITAT DELHIAssessment u/s 153A - Deemed dividend addition u/s 2(22)(e) - incriminating material found in the course of search or not? - HELD THAT:- The issue is no longer res integra. The judgment rendered by the Hon’ble Apex Court in the case of Pr.CIT vs. Abhisar Buildwell (P.) Ltd. [2023 (4) TMI 1056 - SUPREME COURT] would squarely apply to the facts of the case and thus the scope of assessment under Section 153A is restricted to the incriminating material found in the course of search of the assessee owing to the fact that such assessment stood concluded / completed and thus do not get abated by operation of law. Guided by the principles laid down in the case of Abhisar Buildwell (supra), we find force in the legal plea raised on behalf of the assessee. Hence, in the absence of any incriminating material found in an unabated assessment, the additions made by the AO in the captioned appeal require to be quashed. Appeal of the assessee is allowed..
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