TMI Blog2015 (7) TMI 986X X X X Extracts X X X X X X X X Extracts X X X X ..... o addition can be made in respect of unabated assessments and which have become final as on the date of search. The completed assessments for the years under appeal have become final and are not abated since they are not pending as on the date of search. Therefore, even though pursuant to issue of notice u/s. 153A, assessments for 6 years immediately prior to the date of search are to be framed u/s. 153A, but in respect of unabated assessments which have become final and no incriminating material is found during the course of search for those years, no addition could be made in respect of such unabated assessments.See case of Continental Warehousing Corporation [2015 (5) TMI 656 - BOMBAY HIGH COURT] Thus Revenue authorities were not jus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n of search U/s. 132 of the Act and hence the original assessment has not abated. 3) That the learned Commissioner of Income-Tax (Appeals) erred in law and in the facts of the case in confirming the order of the assessing officer in not allowing deduction U/s.80IA(4) amounting to ₹ 61,82,292 for A.Y. 2004-05. 4) That the learned Commissioner of Income-Tax (Appeals) erred in law and in the facts of the case in confirming the order of the assessing officer in charging interest U/s. 234B of the Act. 3. Assessing Officer has disallowed the claim of ₹ 61,82,292/- and ₹ 47,31,665/- for A.Y. 04-05 05-06 respectively. Matter was carried before the CIT(A), wherein assessee raised various contentions with regard ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ness referred to in subsection (4) which is in nature of works contract awarded by any person (including the Central or State Government) and executed by the undertaking or enterprise referred to in subsection (1). Assessee having merely executed two contracts for infrastructure development as awarded to him. In view of above, authorities below have rightly declined deduction u/s. 80IA to assessee. Same should be upheld. 3.2 After going through rival submissions and material on record, we find that issue before us is in both the years regarding framing assessment u/s. 143(3) r.w.s. 153A of the Act whereby assessee s claim has been disallowed u/s. 80IA. Stand of assessee has been that in absence of any material found showing undisclosed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s which have become final and no incriminating material is found during the course of search for those years, no addition could be made in respect of such unabated assessments. In this regard, Hon ble Bombay High Court in case of Continental Warehousing Corporation (58 Taxmann.com 78) has held as under: Even otherwise, we agree with the Division Bench when it observes as above with regard to the ambit and scope of the powers conferred under section 153 A of the Act. Since we are not required to trace out the history and we can do nothing better than to reproduce the observations and conclusions as above that we are not repeating the same. Even if the exercise of power under section 153A is permissible still the provision cannot be read ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... income or the return of income filed for all these assessment years is to be taken into account. A reference will have to be made to the income disclosed therein. However, the scope of enquiry, though not confined as held by the High Court of Karnataka, it essentially revolves around the search or the requisition under section 132A as the case may be. We do not find anything in these observations and reproduced above which would enable us to conclude that the Division Bench judgment of this Court in the case of Murli Agro Products Ltd, (supra) requires reconsideration or does not lay down a correct principle of law. We cannot, therefore, accede to the submissions of Mr. Pinto and revisit any of the conclusions rendered by the Division Bench ..... X X X X Extracts X X X X X X X X Extracts X X X X
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