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TMI Blog2014 (7) TMI 859X X X X Extracts X X X X X X X X Extracts X X X X ..... ted and no assessment is pending at the time of assessment u/s.153A, reassessment can be made only if incriminating materials are collected in the course of search and the items included in the earlier AYs cannot be re-considered through re-assessment – re-assessment of the concluded assessment is permitted in assessment u/s.153A only if incriminating material are found in the course of search – no incriminating material was found during search operation so as to dis-allow expenditure – Decided in favour of Assessee. - I.T.A. Nos. 559, 560, 561, 562, 563 & 564/Mds/2014 - - - Dated:- 16-6-2014 - Dr. O. K. Narayanan And Shri Vikas Awasthy,JJ. For the Appellant : Shri A.S.Sriraman, Advocate For the Respondent : Shri S. Das Gup ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aforementioned AYs u/s.153A r.w.s.143(3) of the Act by making additions inter alia on account of : i. dis-allowance of certain expenses, for lack of supporting evidence: AY. 2004-05 2005-06 2006-07 2007-08 2008-09 2009-10 Expenditure Dis-allowed 69,719 2,64,195 10,819 63,530 95,263 49,411 ii. dis-allowance of depreciation in respect of motor-car, mobile phone and computer to the extent of 50% on account of personal use. Aggrieved by the assessment orders, the assessee preferred appeals before the CIT(Appeals) for the respective AYs. The CIT(Appeals), confirmed the order of Assessing Officer with regard to the dis-allowance of expenditure on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... led returns of the income for the AYs under consideration. The assessment for the respective AYs had already been completed u/s.143(1). Thus, at the time of search, the assessee had already filed returns for the impugned AYs and assessments for the same were completed. From the perusal of the orders of the authorities below, we find that during search operations, no incriminating material was seized. The additions on account of dis-allowance of expenses and dis-allowance of depreciation were made from the documents already on record. The Special Bench of the Tribunal in the case of All Cargo Global Logistics Ltd., Vs. DCIT reported as 137 ITD 287 (Mumbai) (SB) has held that where the assessments are completed and no assessment is pending ..... X X X X Extracts X X X X X X X X Extracts X X X X
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