2026 (7) TMI 1416

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....ONOURABLE MR. JUSTICE BHARGAV D. KARIA AND HONOURABLE MR. JUSTICE PRANAV TRIVEDI Appearance: For the Appellant(s) No. 1: Maunil G Yajnik (9346). For the Respondent: None. ORAL COMMON ORDER (PER : HONOURABLE MR. JUSTICE BHARGAV D. KARIA) 1. Heard learned Senior Standing Counsel Mr. Maunil Yajnik appearing for the appellant. 2. The appellant - Revenue has filed these Tax Appeals....

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....essment years, the Act does not confer any power to Assessing Officer to disturb the findings given thereon, without appreciating the fact that the assessment order was passed on the basis of newly inserted Explanation to Section 80IA(13) of the Act with effect from 01.04.2000 and the Assessing Officer had to revisit the claim of deduction under Section 80IA(4) in light of such amendment ? 3. T....

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....ent for the years under consideration, the Assessing Officer could frame the search assessment under Section 153A of the Act by making additions without any incriminating material being found during the course of search or not? 3.2. After considering the submissions made by both the sides, and in view of the decision of this Court in case of Principal Commissioner of Income Tax v. Saumya Constr....

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....turb the assessments already concluded unless incriminating material is found during the course of search. 4. Admittedly, in the facts of the case, no incriminating material was found during the course of search with regard to the aspect of allowance under Section 80-IA(4) of the Act and the Assessing Officer could not have revisited as to whether the assessee is a developer or work contractor ....