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TMI Blog2022 (10) TMI 662X X X X Extracts X X X X X X X X Extracts X X X X ..... e CIT(A) and the ITAT have given concurrent findings of fact that no incriminating evidence had been brought on record by the Assessing Officer and the time for issuing notice u/s 143(2) had elapsed at the time the search proceedings had been undertaken. - Decided in favour of assessee. - ITA 289/2022 - - - Dated:- 30-8-2022 - Hon'ble Mr. Justice Manmohan And Hon'ble Ms. Justice Manmeet Pritam Singh Arora For the Appellant : Mr. Abhishek Maratha, Sr. Standing Counsel for Revenue. For the Respondent : None JUDGMENT MANMOHAN, J (ORAL): 1. Present Income Tax Appeal has been filed challenging the order dated 16th July, 2021 passed by the Income Tax Appellate Tribunal ( ITAT ) in ITA No.7773/Del./ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ich is a lead case tagged with more than 115 cases on the issue of restriction of addition only to incriminating material found during search. 4. This Court finds that the conclusion reached in Commissioner of Income Tax vs. Kabul Chawla, (2016) 380 ITR 573 was summarized in PCIT vs. Meeta Gutgutia, (2017) 82 taxmann .com 287 Del . The relevant portion of the Judgment passed in PCIT vs. Meeta Gutgutia (supra) is reproduced hereinbelow:- 37. On a conspectus of Section 153A(1) of the Act, read with the provisos thereto, and in the light of the law explained in the aforementioned decisions, the legal position that emerges is as under: i. Once a search takes place under Section 132 of the Act, notice und ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... #39;assess' in Section 153 A is relatable to abated proceedings (i.e. those pending on the date of search) and the word 'reassess' to completed assessment proceedings. vi. Insofar as pending assessments are concerned, the jurisdiction to make the original assessment and the assessment under Section 153A merges into one. Only one assessment shall be made separately for each AY on the basis of the findings of the search and any other material existing or brought on the record of the AO. vii. Completed assessments can be interfered with by the AO while making the assessment under Section 153 A only on the basis of some incriminating material unearthed during the course of search or requisition of documents or undisclo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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