M/S. EXCEL INFOTECH LTD.,NEW DELHI vs. DCIT, NEW DELHI

Briefly stated, the facts of the case are that the assessee group, namely, Amtek group of cases, was subjected to a search u/s 132 of the Act. The assessee was also covered u/s 132(1) of the Act, being a group company. The assessment was completed u/s 153A read with section 143(3) of the Act in which total income was computed at Rs.98,55,810/-, being, the same amount of income already assessed in the assessment order passed u/s 143(3) of the Act. The ld. CIT(A) upheld the disallowance u/s 14A of the Act.

We have both the sides and perused the relevant material on record. It is observed that the income originally assessed u/s 143(3), including the disallowance u/s 14A of the Act, has been repeated in the instant assessment. Even though no incriminating material relevant to the assessment year under consideration was found, still, the addition made in the original assessment order has to be necessarily repeated. It is so for the reason that for the years for which no incriminating material is found and those are the cases of completed assessments, the income as per the original assessment order stands incorporated in the assessment order u/s 153A of the Act. As the impugned disallowance u/s 14A was also made in the 2

In the result, the appeal of the assessee is dismissed.