2016 (2) TMI 797

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....14 - -<br>Income Tax<br>MR. VINEET SARAN AND MRS. S.SUJATHA, JJ. FOR THE APPELLANT : SRI JEEVAN J.NEERALGI, ADV., JUDGMENT The present appeals filed by the Revenue pertain to the assessment years 2005-06, 2006-07, 2007-08 and 2008-09. The facts leading to this case are that for the relevant assessment years 2005-06 and 2006-07, the assessment had been completed under Section 143(3) of the....

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....rs. Challenging the same, the assessee filed appeals before the Appellate Commissioner, which were allowed, after concluding that no incriminating documents were found during the course of search, on the basis of which additions had been made by the Assessing Officer. It was also observed by the Appellate Commissioner that the books of account maintained by the assessee were not rejected by the As....

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....the said additions?" 3. We have heard Sri. Jeevan J. Neeralgi, learned counsel for the appellants as well as Sri S. Parthasarathi, learned counsel appearing along with Sri Mallaha Rao and Jinita Chaterjee, for the respondent, and perused the record. 4. There is a specific finding of fact recorded by the Tribunal, as well as the Appellate Commissioner, that there were no incriminating documen....

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....t there being any adverse comment made by the Assessing Officer with regard to the books of account that were maintained by the assessee, which were duly audited. 6. In our view, if assessment is allowed to be reopened on the basis of search, in which no incriminating material had been found, and merely on the basis of further investigating the books of account which had been already submitted ....