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    <title>2018 (10) TMI 136 - BOMBAY HIGH COURT</title>
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    <description>In assessment under s.153A following search under s.132(1), the dominant issue was whether an addition on account of deemed dividend could be sustained absent incriminating material found during the search. The Tribunal found, on facts, that no incriminating material relating to the deemed dividend addition was recovered and that the statutory satisfaction prerequisite for invoking s.132 was not evident; consequently, a concluded assessment that had attained finality could not be disturbed merely through s.153A proceedings. The HC held that this appreciation of law and facts disclosed no perversity or legal infirmity warranting interference and found no substantial question of law, thereby upholding deletion of the addition and dismissing the revenue&#039;s appeal.</description>
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    <pubDate>Wed, 26 Sep 2018 00:00:00 +0530</pubDate>
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      <title>2018 (10) TMI 136 - BOMBAY HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=368170</link>
      <description>In assessment under s.153A following search under s.132(1), the dominant issue was whether an addition on account of deemed dividend could be sustained absent incriminating material found during the search. The Tribunal found, on facts, that no incriminating material relating to the deemed dividend addition was recovered and that the statutory satisfaction prerequisite for invoking s.132 was not evident; consequently, a concluded assessment that had attained finality could not be disturbed merely through s.153A proceedings. The HC held that this appreciation of law and facts disclosed no perversity or legal infirmity warranting interference and found no substantial question of law, thereby upholding deletion of the addition and dismissing the revenue&#039;s appeal.</description>
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      <pubDate>Wed, 26 Sep 2018 00:00:00 +0530</pubDate>
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