2015 (2) TMI 1109

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....4, ITA No. 1091/Mds/2014, ITA No. 1089/Mds/2014, ITA No. 1092/Mds/2014 - -<br>Income Tax<br>B. R. Baskaran (Accountant Member) And Vikas Awasthy (Judicial Member) For the Petitoner : G. Baskar (Adv.) For the Respondent : P. B. Sekaran (CIT) ORDER All these appeals filed by the assessees and also at the instance of the Revenue are directed against the orders passed by Ld. Commissioner o....

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....of Section 153A of the Act. The Ld. counsel submitted that the Department did not unearth any incriminating material relating to the years under consideration warranting disturbance of the income already determined/returned. The Ld. counsel submitted that the Mumbai Special Bench of ITAT in the case of All Cargo Global Logistics Ltd. v. DCIT (137 ITD 287) has held that, in the case of completed as....

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....ed by the Ld. CIT(Appeals) under Section 263 of the Act. The Ld. counsel submitted that the respective assessees had filed appeals challenging the revision order passed by Ld. CIT(Appeals) and the Tribunal has quashed the revision orders. In the present appeals, the Ld. CIT(Appeals) has followed the orders passed by the Tribunal and accordingly allowed the appeals of the assessees. However, the Re....

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....Ltd. v. DCIT (supra) that the additions can be made in the case of completed assessments (assessment years which were not abated) only on the basis of incriminating material found during the course of search. Admittedly, in these cases, the Department did not unearth any incriminating material warranting addition. Under these circumstances, by following the decision of Mumbai Special Bench in the ....