2021 (7) TMI 365

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....R S.S. Godara, Member (J) 1. This assessee's appeal for Asst. Year 2001-02 arises from the Commissioner of Income Tax (Appeals)-9, Hyderabad's order dt. 29.02.2016 passed in case No. 0064/DCIT, Central Circle-4/2015-16 in proceedings under Section 143(3) r.w.s. 153A of Income Tax Act, 1961 ('the Act'). Heard both the parties. Case file perused. 2. The assessee has propo....

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....ld. CIT (A) ought to have appreciated the fact that no incriminating material was found during the course of search at the premise of the assessee. 6. The Ld. CIT(A) ought to have appreciated the fact that no addition can be made to the income of the assessee u/s. 143(3) rws 153A of the Act without therebeing any incriminating material found during the course of the search. 7. Th....

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....e root of the matter. This tribunal's Special Bench's decision of All Cargo Global Logistics Ltd. Vs. DCIT (2012) 137 ITD 287 (ITAT-Mum) (SB) holds that he can very well entertain a pure question of law as per NTPC Ltd. Vs. CIT 229 ITR 383 (SC); so as to determine correct tax liability of a taxpayer provided all the relevant facts are already on record. 4. We now advert to the basic rel....

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....ead had already been added in 143(3) assessment (supra). 5. The CIT(Appeals) has confirmed the Assessing Officer's action. 6. We have given our thoughtful consideration to foregoing rival pleadings against and in support of correctness of the impugned assessment u/s. 143(3) r.w.s. 153A of the Act. There is hardly any dispute that we are dealing with an "unabated" assessment as on the dat....