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TMI Blog2023 (5) TMI 552X X X X Extracts X X X X X X X X Extracts X X X X ..... ed during the search, the AO cannot assess or reassess taking into consideration the other material in respect of completed assessments/unabated assessments. Meaning thereby, in respect of completed/unabated assessments, no addition can be made by the AO in absence of any incriminating material found during the course of search under Section 132 or requisition under Section 132A of the Act, 1961. However, the completed/unabated assessments can be re-opened by the AO in exercise of powers under Sections 147/148 of the Act, subject to fulfilment of the conditions as envisaged/mentioned under sections 147/148 of the Act and those powers are saved. Appeals disposed of. - ITAT/281/2022 IA NO. GA/1/2022, GA/2/2022 - - - Dated:- 8-5-2023 - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or of the assessee by citing the case of Veer Prabhu Marketing where notice was issued u/s 153 C and not u/s 153A as in this instant case ? iv) WHETHER ld tribunal has committed a gross error in relying on the judgement of CIT-Vs- Kabul Chawla in (2016) ITR 573 (Del) which is different as contended addition was u/s 2(22) (e) of the act ? v) WHETHER the ld tribunal has committed a gross error in relying on the judgement of CIT-Vs- Kabul Chawla in (2016) ITR 573 (Del) which is different as contended addition was u/s 2(22)(e) of the act ? vi) WHETHER the ld Tribunal is not justified in adjudicating the matter in favour of the assessee in view of the judgement of E N Goakumar-vs-CIT (central) in (2016) 75 Taxman.com 215 (keral ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ated; iii] in case any incriminating material is found/unearthed, even, in case of unabated/completed assessments, the AO would assume the jurisdiction to assess or reassess the total income taking into consideration the incriminating material unearthed during the search and the other material available with the AO including the income declared in the returns; and iv] in case no incriminating material is unearthed during the search, the AO cannot assess or reassess taking into consideration the other material in respect of completed assessments/unabated assessments. Meaning thereby, in respect of completed/unabated assessments, no addition can be made by the AO in absence of any incriminating material found during the course o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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