2012 (8) TMI 960

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....: Shri A.K. Tibrewal ORDER Per Pramod Kumar: 1. By way of this appeal, the Assessing Of ficer has challenged correctness of Commissioner of Income Tax (Appeals)'s order dated 29.09.2011 in the matter of assessment u/s. 153A r.w.s. 143(3) of the Income Tax Act, 1961, for the assessment year 2001-02. Grievances raised in the appeal are as follows :- (1) That in the facts and in the circumstan....

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....ment u/s. 153A or u/s. 153C of the Act. 2. Ld. representat ives agreed that the issues in appeal are now squarely covered by ITAT, Special Bench, Mumbai decision in the case of All Cargo Logist ics Ltd. -vs. - DCIT (ITA Nos. 5018 to 5022/Mum. /2010, Order dated 06.07.2012), wherein it has been held that any addition to the income that has already been assessed, the assessment under sect ion 153A....

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....in this case. 3. In view of the above discussions and also bearing in mind the binding nature of Special Bench decision in the case of All Cargo Logist ics Ltd. (supra), we confirm the stand of the Commissioner (Appeals), wherein it has been held that where incriminating material found in the course of search proceedings relat ing to any assessment year, the completed assessment for such years ca....