TMI Blog2015 (7) TMI 1116X X X X Extracts X X X X X X X X Extracts X X X X ..... l Logistics ltd [2015 (5) TMI 656 - BOMBAY HIGH COURT ] - Decided in favour of assessee. - I.T.A. Nos. 2383, 2384 & 2385/Mum/2011 - - - Dated:- 16-7-2015 - SHRI A.D. JAIN, JUDICIAL MEMBER AND SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER Appellant by: Shri J.D. Mistry And Shri Nishant Thakkar Respondent by: Shri Manjunatha Swamy ORDER PER N.K. BILLAIYA, AM: These three app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Ld. Counsel further stated that if the order of the Hon ble Bombay High Court is followed and ground No. 1 is allowed, the other grounds of appeal will become otiose. 3. Per contra, the Ld. Departmental Representative could not bring any distinguishing decision in favour of the Revenue. 4. Briefly stated the facts of the case are that the assessee group is engaged in trading of computer soft ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ents, the assessee carried the matter before the Ld. CIT(A) but without any success. 6. Before us, the Ld. Counsel for the assessee stated that the additions/disallowances which was not made in the normal/regular assessment and in respect whereof no incriminating material was found during the search cannot now be made for the first time in the assessment made u/s. 153A of the Act, since it woul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ounded on search. If there was no incriminating material found during the search then the Tribunal was right in holding that the power u/s. 153A being not expected to be exercised routinely, should be exercised if the search revealed any incriminating material. If that was not found then in relation to the second phase of three years, there was no warrant for making an order within the meaning of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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