2022 (4) TMI 1503

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.... : Shri P. Murali Mohan Rao, Advocate. For the Revenue  : Shri Y.V.S.T. Sai - CIT DR. ORDER Per S. S. Godara, J.M. These assessee's twin appeals for A.Ys 2012-13 and 2013-14 arise against the Asst. Commissioner of Income Tax, Central Circle - 2(3), Hyderabad's assessments; both dt.26.03.2021, framed in furtherance to the Dispute Resolution Panel ("DRP") - 1, Bangalore's directions....

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....ions Pvt. Ltd (2016) 387 ITR 529 (Gujarat) that such an assessment involving lack of incriminating material found or seized during the course of search deserves to be quashed only. 3. Learned CIT-DR has strongly defended the impugned assessments. He vehemently contended that there is no provision in the Act stipulating that section 153A proceedings get attracted only in case of such incriminati....

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....1.2013 which followed the Transfer Pricing Officer's "TPO" section 92CA(3) orders dt.29.01.2016 and 31.10.2016; respectively. Suffice to say, the impugned search action took place thereafter on 09.11.2016 followed by the DRP's directions dt.20.12.2016 in A.Y. 2012-13. Both these assessments thereafter stood treated as "abated" ones in light of section 153A(1) 2nd proviso and the Assessing Officer ....

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....ra), a perusal thereof sufficiently indicates that this so called material parts already formed of the assessee's books which had already been considered in both the corresponding scrutiny assessments pending on the date of search. This tribunal's Special Bench's decision in All Cargo Global Logistics Ltd. Vs. DCIT (2012) 137 ITD 287 (ITAT-Mum) (SB) holds that incriminating material is that materi....