TMI Blog2022 (4) TMI 1503X X X X Extracts X X X X X X X X Extracts X X X X ..... s so called material parts already formed of the assessee s books which had already been considered in both the corresponding scrutiny assessments pending on the date of search. This tribunal s Special Bench s decision in All Cargo Global Logistics Ltd. [ 2012 (7) TMI 222 - ITAT MUMBAI(SB) ] holds that incriminating material is that material which is found during the course of search and not produced in the course of original assessment and undisclosed income or property disclosed during the course of search, as the case may be. We find from a perusal of the case(s) records and more particularly in light of the DRP s compilation of the alleged seized material it only includes the assessee s expenses / claims or EBIDTA details etc. which ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (Gujarat) that such an assessment involving lack of incriminating material found or seized during the course of search deserves to be quashed only. 3. Learned CIT-DR has strongly defended the impugned assessments. He vehemently contended that there is no provision in the Act stipulating that section 153A proceedings get attracted only in case of such incriminating material found or seized during the course of search. His case is that the scheme of the Act involving the search assessment in light of section 153A and 154C is to assess or re-assess the concerned assessee s total income rather than that based on the mere incriminating material only. He further took us to the DRP s directions in both these assessment years containing identic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that there indeed exists sufficient seized material in light of the annexures attached with the DRP s directions (supra), a perusal thereof sufficiently indicates that this so called material parts already formed of the assessee s books which had already been considered in both the corresponding scrutiny assessments pending on the date of search. This tribunal s Special Bench s decision in All Cargo Global Logistics Ltd. Vs. DCIT (2012) 137 ITD 287 (ITAT-Mum) (SB) holds that incriminating material is that material which is found during the course of search and not produced in the course of original assessment and undisclosed income or property disclosed during the course of search, as the case may be. We find from a perusal of the case(s) ..... X X X X Extracts X X X X X X X X Extracts X X X X
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