2017 (11) TMI 1719

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.... None ORDER Per Sanjay Garg, Judicial Member: The present appeals have been prefer red by the Department against the order of the Commissioner of Income Tax (Appeals), [hereinafter referred to as CIT(A)] -3, Gurgaon dated 31.3.2017. 2. Since the issue involved in both the appeals is identical, these have been heard together and are being disposed of by this common order. For the sake o....

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....observing that no incriminating material was found during the search action carried out in the case of the assessee. That the income tax returns and the assessment proceedings there upon also stood concluded on the date of search act ion carried on 4.10.2012 and no assessment/re-assessment was pending on the said date. The Ld. CIT(A) has relied upon the decision of the Coordinate Bench of the Trib....

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....ings made by the Ld. CIT(A), the Ld. DR has been fair enough to admit that no incriminating material was found during the search action and that the original assessment proceedings stood completed on the date of search. He, however, invited our at tent ion to the ground (xi) taken by the Revenue wherein it has been stated that the decision of the Hon'ble Delhi High Court in the case of 'CIT Vs....