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    <title>2023 (8) TMI 685 - SC Order</title>
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    <description>The dominant issue was whether, in an assessment under s.153A of the Income-tax Act, an addition under s.68 can be sustained without being based on incriminating material seized during the search, and whether the AO can rely on other material already on record. Applying the SC&#039;s binding ruling in Abhisar Buildwell, the Court held that, for completed/unabated assessments, additions in s.153A proceedings must be founded on incriminating material unearthed in the search and cannot be made merely on the basis of other pre-existing record. Consequently, the Revenue&#039;s challenges were rejected and the SLPs were dismissed.</description>
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    <pubDate>Thu, 04 May 2023 00:00:00 +0530</pubDate>
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      <title>2023 (8) TMI 685 - SC Order</title>
      <link>https://www.taxtmi.com/caselaws?id=441706</link>
      <description>The dominant issue was whether, in an assessment under s.153A of the Income-tax Act, an addition under s.68 can be sustained without being based on incriminating material seized during the search, and whether the AO can rely on other material already on record. Applying the SC&#039;s binding ruling in Abhisar Buildwell, the Court held that, for completed/unabated assessments, additions in s.153A proceedings must be founded on incriminating material unearthed in the search and cannot be made merely on the basis of other pre-existing record. Consequently, the Revenue&#039;s challenges were rejected and the SLPs were dismissed.</description>
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      <pubDate>Thu, 04 May 2023 00:00:00 +0530</pubDate>
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