CIT v. Continental Warehousing Corporation (Nhava Sheva) Ltd.

374 ITR 645High Court2015#14 most cited

What is CIT v. Continental Warehousing Corporation (Nhava Sheva) Ltd. authority for?

In Section 153A proceedings, the scope of assessment extends to abated proceedings, enabling an assessee to raise fresh legal claims that could have been made in regular assessment proceedings.

1,823

judgments rely on this decision, according to BharatTax’s citation analysis of 367,181 Indian tax judgments — from 2015 to 2026.

Also referred to as

Continental Warehousing Corporation · Section 153A · scope of 153A assessment · abated proceedings · fresh claims in search assessment · assessee's claims 153A · Section 132 · assessment procedure · search and seizure assessment

Also reported as

58 Taxmann.com 78

Sections most often in play

Section 153ASection 132Section 143(3)Section 147Section 148Section 153CSection 68Section 69A

Issues it is cited on

casus omissussection 158b(b)section 158bb(1)section 153(a)section 153a(1)(b)section 158bbdeemed dividendsection 153(1)section 2(22)section 2(22)(e)section 153a(1)section 132a

Judgments citing CIT v. Continental Warehousing Corporation (Nhava Sheva) Ltd.

DCIT Cen Cir 2(3), Mumbai vs. Infolink Solutions P Ltd, Mumbai

ITA 545/MUM/2016[2010-11]Status: DisposedITAT Mumbai29 Dec 2017AY 2010-11

Bench: Shri Mahavir Singh () & Shri G Manjunatha ()

Section 132(1)Section 139(1)Section 143(2)Section 143(3)Section 153CSection 43Section 5

…T vs All Cargo Global Logistics Ltd 137 ITD 287(Mum)(SB). 5. The CIT(A), after considering relevant submissions of the assessee and also relying upon the decision of Hon’ble Bombay High Court in the case of Continental Warehousing Corporation Ltd vs CIT(2015) 374 ITR 645 (Bom) observed that the assessment for the assessment year in question is unabated as on the date of search; as such, the impugned addition should not have been made in the absence of any incriminating material having been found in the course of search. The CIT(A) further observed that there is nothing on record to suggest that any material wa…

DCIT CC 5(1), Mumbai vs. Anand Rathi Global Finance Ltd, Mumbai

In the result, appeal of the Revenue for Assessment Year 2011-12 is allowed, as above

ITA 7468/MUM/2016[2011-12]Status: DisposedITAT Mumbai30 Nov 2017AY 2011-12

Bench: Shri G.S. Pannu & Shri Pawan Singh

For Appellant: Smt. Vidisha Kalra (CIT-DR)For Respondent: Shri Vijay Mehta
Section 132(1)Section 139(1)Section 143(3)Section 14ASection 153ASection 153A(1)

…law and found support from the decision of the Special Bench of the Tribunal in the case of All Cargo Global Logistics Ltd. vs. DCIT, 137 ITD 287, which has been approved by the Hon'ble Bombay High Court in the case of CIT vs. All Cargo Global Logistics Ltd., 374 ITR 645 (Bom.). Accordingly, the CIT(A) has deleted the addition against which Revenue is in appeal before us. 4. Before us, the ld. CIT-DR appearing for the Revenue has not controverted the factual finding arrived at by the CIT(A). So however, it has been canvassed by him that the judgment relied upon by the CIT(A) has not attained finality inasmuch as…

DCIT CC 5(1), Mumbai vs. Anand Rathi Global Finance Ltd, Mumbai

In the result, appeal of the Revenue for Assessment Year 2011-12 is allowed, as above

ITA 7467/MUM/2016[2010-11]Status: DisposedITAT Mumbai30 Nov 2017AY 2010-11

Bench: Shri G.S. Pannu & Shri Pawan Singh

For Appellant: Smt. Vidisha Kalra (CIT-DR)For Respondent: Shri Vijay Mehta
Section 132(1)Section 139(1)Section 143(3)Section 14ASection 153ASection 153A(1)

…law and found support from the decision of the Special Bench of the Tribunal in the case of All Cargo Global Logistics Ltd. vs. DCIT, 137 ITD 287, which has been approved by the Hon'ble Bombay High Court in the case of CIT vs. All Cargo Global Logistics Ltd., 374 ITR 645 (Bom.). Accordingly, the CIT(A) has deleted the addition against which Revenue is in appeal before us. 4. Before us, the ld. CIT-DR appearing for the Revenue has not controverted the factual finding arrived at by the CIT(A). So however, it has been canvassed by him that the judgment relied upon by the CIT(A) has not attained finality inasmuch as…

DCIT CC 5(1), Mumbai vs. Anand Rathi Global Finance Ltd, Mumbai

In the result, appeal of the Revenue for Assessment Year 2011-12 is allowed, as above

ITA 7466/MUM/2016[2008-09]Status: DisposedITAT Mumbai30 Nov 2017AY 2008-09

Bench: Shri G.S. Pannu & Shri Pawan Singh

For Appellant: Smt. Vidisha Kalra (CIT-DR)For Respondent: Shri Vijay Mehta
Section 132(1)Section 139(1)Section 143(3)Section 14ASection 153ASection 153A(1)

…law and found support from the decision of the Special Bench of the Tribunal in the case of All Cargo Global Logistics Ltd. vs. DCIT, 137 ITD 287, which has been approved by the Hon'ble Bombay High Court in the case of CIT vs. All Cargo Global Logistics Ltd., 374 ITR 645 (Bom.). Accordingly, the CIT(A) has deleted the addition against which Revenue is in appeal before us. 4. Before us, the ld. CIT-DR appearing for the Revenue has not controverted the factual finding arrived at by the CIT(A). So however, it has been canvassed by him that the judgment relied upon by the CIT(A) has not attained finality inasmuch as…

DCIT CC 5(1), Mumbai vs. Anand Rathi Global Finance Ltd, Mumbai

In the result, appeal of the Revenue for Assessment Year 2011-12 is allowed, as above

ITA 7465/MUM/2016[2009-10]Status: DisposedITAT Mumbai30 Nov 2017AY 2009-10

Bench: Shri G.S. Pannu & Shri Pawan Singh

For Appellant: Smt. Vidisha Kalra (CIT-DR)For Respondent: Shri Vijay Mehta
Section 132(1)Section 139(1)Section 143(3)Section 14ASection 153ASection 153A(1)

…law and found support from the decision of the Special Bench of the Tribunal in the case of All Cargo Global Logistics Ltd. vs. DCIT, 137 ITD 287, which has been approved by the Hon'ble Bombay High Court in the case of CIT vs. All Cargo Global Logistics Ltd., 374 ITR 645 (Bom.). Accordingly, the CIT(A) has deleted the addition against which Revenue is in appeal before us. 4. Before us, the ld. CIT-DR appearing for the Revenue has not controverted the factual finding arrived at by the CIT(A). So however, it has been canvassed by him that the judgment relied upon by the CIT(A) has not attained finality inasmuch as…

DCIT Cen Cir 2(3), Mumbai vs. Dhaval D. Shah, Mumbai

In the result, appeal of the Revenue is dismissed

ITA 6312/MUM/2016[2007-08]Status: DisposedITAT Mumbai30 Nov 2017AY 2007-08

Bench: Shri G.S. Pannu & Shri Pawan Singh: A.Y : 2007-08

For Appellant: Shri Suman KumarFor Respondent: Shri Nikhil Tiwari
Section 132(1)Section 143(3)Section 153ASection 153A(1)

…ting the additions stating that the additions hasnot been made based 2 Dhaval D. Shah on the incriminating material found during the course of search and erred in relying on the decision in the case of Continental Warehousing Corporation (Nhava Seva) (2015) 374 ITR 645 (Bom.) of Hon'ble Bombay High Court without appreciating the fact that the SLP has been admitted by the Hon'ble Supreme Court against the aforesaid decision. 2. The appellant craves leave to add, to amend and/or alter any grounds of appeal, if need to be. 3. The Appellant, therefore, prays that on the grounds stated above, the order of the CIT(…

DCIT Cen Cir 7(3), Mumbai vs. Radhika Chetan Mehra, Mumbai

In the result, the appeal is dismissed

ITA 1059/MUM/2016[2010-11]Status: DisposedITAT Mumbai29 Nov 2017AY 2010-11

Bench: Shri D.T. Garasia () & Shri N.K. Pradhan ()

For Appellant: Mr. Anuj Kisnadwala, ARFor Respondent: Ms. B. Pruseth, DR
Section 132(1)Section 139Section 143Section 143(2)Section 143(3)Section 153ASection 54

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “D” MUMBAI BEFORE SHRI D.T. GARASIA (JUDICIAL MEMBER) AND SHRI N.K. PRADHAN (ACCOUNTANT MEMBER) ITA No. 1059 /MUM/2016 Assessment Year: 2010-11 DCIT CC-7(3), Smt. Radhika Chetan Room No. 655, 6th floor, Vs. Mehra,20, Moti Mahal, Aayakar Bhavan, M.K. Dinshaw Wacha Road Road Mumbai-400020. Churchgate Mumbai- 400020. PAN No. AIZPM8435A Appellant Respondent Revenue by : Ms. B. Pruseth, DR Assessee by : Mr. Anuj Kisnadwala, AR Date of Hearing : 13/09/2017 Date of pronouncement : 29/11/2017 ORDER PER N.K. PRADHAN, A.M. This is an appeal filed by the Revenue. The re…

M/S. Brindavan Phosphates Pvt. Ltd, Bangalore vs. Deputy Commissioner of Income Tax, Bangalore

In the result appeal of the assessee is allowed

ITA 117/BANG/2017[2010-11]Status: DisposedITAT Bangalore21 Nov 2017AY 2010-11

Bench: Shri. Inturi Rama Rao & Shri. Lalit Kumar

For Appellant: Shri. V. Srinivasan, AdvocateFor Respondent: Shri. B. K. Panda, CIT
Section 132Section 143(3)Section 153A

…erial. 13. The Hon'ble Delhi High Court in the case of CIT Vs. Kabul Chawla (supra), after considering all the relevant decisions on this point has held in paras 35 to 38 as under : “ 35. In CIT v. Continental Warehousing Corporation (Nhava Sheva) Ltd. [2015] 374 ITR 645/232 Taxman 270/58 taxmann.com 78 (Bom.) the question addressed by the Bombay High Court was whether the scope of assessment under Section 153A encompasses additions, not based on any incriminating material found during the course of search? It was held that no addition could be made in respect of the assessments that had become final in the event…

D.C.I.T.(OSD) C.RG.-7, Mumbai vs. Ingram Micro India Pvt. Ltd., Mumbai

In the result, appeals of the assessee are partly allowed and Revenue’s appeals are dismissed

ITA 7451/MUM/2011[2004-05]Status: DisposedITAT Mumbai15 Nov 2017AY 2004-05

Bench: Shri C.N. Prasad, Hon'Ble & Shri N.K. Pradhan, Hon'Ble

For Appellant: Shri J.D. Mistry &For Respondent: Shri B.C.S. Naik
Section 132Section 133ASection 143(3)Section 153ASection 80I

…he Assessment Years 2002-03 to 2004-05 and the Coordinate Bench following the decision of the Hon'ble Jurisdictional High Court in the case of CIT v. Continental Warehousing Corporation and CIT v. All Cargo Global Logistics Ltd., (supra) which is reported in [374 ITR 645] quashed the Assessment Orders in the absence of any incriminating material found during the course of search for making the additions/disallowances. The Learned Counsel for the assessee further submits that a plain reading of the Assessment Order and also the Appellate Order makes it amply clear that none of the additions/disallowances were made…

D.C.I.T.(OSD) C.RG.-7, Mumbai vs. Ingram Micro India Pvt. Ltd., Mumbai

In the result, appeals of the assessee are partly allowed and Revenue’s appeals are dismissed

ITA 7450/MUM/2011[2003-04]Status: DisposedITAT Mumbai15 Nov 2017AY 2003-04

Bench: Shri C.N. Prasad, Hon'Ble & Shri N.K. Pradhan, Hon'Ble

For Appellant: Shri J.D. Mistry &For Respondent: Shri B.C.S. Naik
Section 132Section 133ASection 143(3)Section 153ASection 80I

…he Assessment Years 2002-03 to 2004-05 and the Coordinate Bench following the decision of the Hon'ble Jurisdictional High Court in the case of CIT v. Continental Warehousing Corporation and CIT v. All Cargo Global Logistics Ltd., (supra) which is reported in [374 ITR 645] quashed the Assessment Orders in the absence of any incriminating material found during the course of search for making the additions/disallowances. The Learned Counsel for the assessee further submits that a plain reading of the Assessment Order and also the Appellate Order makes it amply clear that none of the additions/disallowances were made…

Ingram Micro India P.Ltd ( Now Known As Ingram Micro India Ltd), Mumbai vs. DCIT (OSD-II) Cen RG 7, Mumbai

In the result, appeals of the assessee are partly allowed and Revenue’s appeals are dismissed

ITA 7348/MUM/2011[2004-05]Status: DisposedITAT Mumbai15 Nov 2017AY 2004-05

Bench: Shri C.N. Prasad, Hon'Ble & Shri N.K. Pradhan, Hon'Ble

For Appellant: Shri J.D. Mistry &For Respondent: Shri B.C.S. Naik
Section 132Section 133ASection 143(3)Section 153ASection 80I

…he Assessment Years 2002-03 to 2004-05 and the Coordinate Bench following the decision of the Hon'ble Jurisdictional High Court in the case of CIT v. Continental Warehousing Corporation and CIT v. All Cargo Global Logistics Ltd., (supra) which is reported in [374 ITR 645] quashed the Assessment Orders in the absence of any incriminating material found during the course of search for making the additions/disallowances. The Learned Counsel for the assessee further submits that a plain reading of the Assessment Order and also the Appellate Order makes it amply clear that none of the additions/disallowances were made…

Ingram Micro India P.Ltd ( Now Known As Ingram Micro India Ltd), Mumbai vs. DCIT (OSD-II) Cen RG 7, Mumbai

In the result, appeals of the assessee are partly allowed and Revenue’s appeals are dismissed

ITA 7347/MUM/2011[2003-04]Status: DisposedITAT Mumbai15 Nov 2017AY 2003-04

Bench: Shri C.N. Prasad, Hon'Ble & Shri N.K. Pradhan, Hon'Ble

For Appellant: Shri J.D. Mistry &For Respondent: Shri B.C.S. Naik
Section 132Section 133ASection 143(3)Section 153ASection 80I

…he Assessment Years 2002-03 to 2004-05 and the Coordinate Bench following the decision of the Hon'ble Jurisdictional High Court in the case of CIT v. Continental Warehousing Corporation and CIT v. All Cargo Global Logistics Ltd., (supra) which is reported in [374 ITR 645] quashed the Assessment Orders in the absence of any incriminating material found during the course of search for making the additions/disallowances. The Learned Counsel for the assessee further submits that a plain reading of the Assessment Order and also the Appellate Order makes it amply clear that none of the additions/disallowances were made…

Ingram Micro India P.Ltd ( Now Known As Ingram Micro India Ltd), Mumbai vs. DCIT (OSD-II) Cen RG 7, Mumbai

In the result, appeals of the assessee are partly allowed and Revenue’s appeals are dismissed

ITA 7346/MUM/2011[2002-03]Status: DisposedITAT Mumbai15 Nov 2017AY 2002-03

Bench: Shri C.N. Prasad, Hon'Ble & Shri N.K. Pradhan, Hon'Ble

For Appellant: Shri J.D. Mistry &For Respondent: Shri B.C.S. Naik
Section 132Section 133ASection 143(3)Section 153ASection 80I

…he Assessment Years 2002-03 to 2004-05 and the Coordinate Bench following the decision of the Hon'ble Jurisdictional High Court in the case of CIT v. Continental Warehousing Corporation and CIT v. All Cargo Global Logistics Ltd., (supra) which is reported in [374 ITR 645] quashed the Assessment Orders in the absence of any incriminating material found during the course of search for making the additions/disallowances. The Learned Counsel for the assessee further submits that a plain reading of the Assessment Order and also the Appellate Order makes it amply clear that none of the additions/disallowances were made…

DCIT Cen Cir 1(2)(3), Mumbai vs. Surendra C Ghaplot (Prop of Siddhi Impex), Mumbai

In the result, all three appeals filed by the Revenue are dismissed

ITA 7064/MUM/2014[2005-06]Status: DisposedITAT Mumbai08 Nov 2017AY 2005-06

Bench: Shri B.R. Baskaran (Am)& Shri Pawan Singh (Jm)

Section 132Section 133ASection 143(3)Section 153A

…6. At the time of hearing learned AR raised a legal ground under Rule 27 of the ITAT Rules, by placing reliance on the decision rendered by Hon'ble Jurisdictional Bombay High Court in the case of CIT Vs. Continental Warehousing Corporation (Nhava Sheva) Ltd. (374 ITR 645). The learned AR submitted that the Assessing Officer could not have made impugned additions in these three years, since these three years fall under the category of unabated assessment years as per the provisions of sec. 153A and further no incriminating material relating to the impugned additions was found during the course of search. When the…

Techno Solutions (India) Ltd, Navi Mumbai vs. Asst CIT Cen Cir 3(2), Mumbai

ITA 3816/MUM/2015[2011-12]Status: DisposedITAT Mumbai03 Nov 2017AY 2011-12
For Appellant: Shri Dilip V. LakhaniFor Respondent: Shri M.V. Rajguru- DR
Section 132(1)Section 153Section 153ASection 254(1)

…आयकर आयकर अपीलीय आयकर आयकर अपीलीय अपीलीय अिधकरण अपीलीय अिधकरण अिधकरण, मुंबई अिधकरण मुंबई मुंबई “ आई मुंबई आई आई” खंडपीठ आई खंडपीठ खंडपीठ खंडपीठ Income-tax Appellate Tribunal -“I”Bench Mumbai सव"ी सव"ी राजे"" राजे"",लेखा लेखा सद"य सद"य एवं एवं, राम राम लाल लाल नेगी नेगी, "याियक "याियक सद"य सद"य सव"ी सव"ी राजे"" राजे"" लेखा लेखा सद"य सद"य एवं एवं राम राम लाल लाल नेगी नेगी "याियक "याियक सद"य सद"य Before S/Shri Rajendra,Accountant Member and Ram Lal Negi,Judicial Member आयकर अपील अपील संसंसंसं./I.T.A./3813-3814/Mum/2015,िनधा"रण िनधा"रण वष" वष" /Assessment Year: 2009-10, 2010-11 आयकर आयकर आयकर अपील अपील िनधा"रण िनध…

Techno Solutions (India) Ltd, Navi Mumbai vs. Asst CIT Cen Cir 3(2), Mumbai

ITA 3813/MUM/2015[2009-10]Status: DisposedITAT Mumbai03 Nov 2017AY 2009-10
For Appellant: Shri Dilip V. LakhaniFor Respondent: Shri M.V. Rajguru- DR
Section 132(1)Section 153Section 153ASection 254(1)

…आयकर आयकर अपीलीय आयकर आयकर अपीलीय अपीलीय अिधकरण अपीलीय अिधकरण अिधकरण, मुंबई अिधकरण मुंबई मुंबई “ आई मुंबई आई आई” खंडपीठ आई खंडपीठ खंडपीठ खंडपीठ Income-tax Appellate Tribunal -“I”Bench Mumbai सव"ी सव"ी राजे"" राजे"",लेखा लेखा सद"य सद"य एवं एवं, राम राम लाल लाल नेगी नेगी, "याियक "याियक सद"य सद"य सव"ी सव"ी राजे"" राजे"" लेखा लेखा सद"य सद"य एवं एवं राम राम लाल लाल नेगी नेगी "याियक "याियक सद"य सद"य Before S/Shri Rajendra,Accountant Member and Ram Lal Negi,Judicial Member आयकर अपील अपील संसंसंसं./I.T.A./3813-3814/Mum/2015,िनधा"रण िनधा"रण वष" वष" /Assessment Year: 2009-10, 2010-11 आयकर आयकर आयकर अपील अपील िनधा"रण िनध…

DCIT CC 6(4), Mumbai vs. J M Baxi & Co, Mumbai

In the result, both the appeals filed by the Revenue are dismissed

ITA 4241/MUM/2016[2009-10]Status: DisposedITAT Mumbai02 Nov 2017AY 2009-10

Bench: Shri B.R. Baskaran (Am) & Shri Ravish Sood (Jm)

Section 143(3)Section 14ASection 153A

…THE INCOME TAX APPELLATE TRIBUNAL “F” Bench, Mumbai Before Shri B.R. Baskaran (AM) & Shri Ravish Sood (JM) I.T.A. No. 4238/Mum/2016 (Assessment Year 2007-08) I.T.A. No. 4241/Mum/2016 (Assessment Year 2009-10) DCIT CC-6(4) M/s. J.M. Baxi & Co. Room No. 1925 16, Bank Street 19th Floor Fort Vs. Air India Building Mumbai-400 001. Nariman Point PAN : AAAFJ5198E Mumbai-400 020. (Appellant) (Respondent) Assessee by Shri Y.P. Trivedi & Ms. Usha Dalal Department by Shri Jasbir Chauhan Date of Hearing 2.11.2017 Date of Pronouncement 2.11.2017 O R D E R Both the appeals filed by the Revenue are directed against th…

DCIT CC 6(4), Mumbai vs. J M Baxi & Co, Mumbai

In the result, both the appeals filed by the Revenue are dismissed

ITA 4238/MUM/2016[2007-08]Status: DisposedITAT Mumbai02 Nov 2017AY 2007-08

Bench: Shri B.R. Baskaran (Am) & Shri Ravish Sood (Jm)

Section 143(3)Section 14ASection 153A

…THE INCOME TAX APPELLATE TRIBUNAL “F” Bench, Mumbai Before Shri B.R. Baskaran (AM) & Shri Ravish Sood (JM) I.T.A. No. 4238/Mum/2016 (Assessment Year 2007-08) I.T.A. No. 4241/Mum/2016 (Assessment Year 2009-10) DCIT CC-6(4) M/s. J.M. Baxi & Co. Room No. 1925 16, Bank Street 19th Floor Fort Vs. Air India Building Mumbai-400 001. Nariman Point PAN : AAAFJ5198E Mumbai-400 020. (Appellant) (Respondent) Assessee by Shri Y.P. Trivedi & Ms. Usha Dalal Department by Ms. Pooja Swaroop Date of Hearing 2.11.2017 Date of Pronouncement 2.11.2017 O R D E R Both the appeals filed by the Revenue are directed against the…

DCIT 8(1), Mumbai vs. Suresh Gaggar(HUF), Mumbai

In the result, appeal of the assessee is dismissed

ITA 833/MUM/2015[2007-08]Status: DisposedITAT Mumbai02 Nov 2017AY 2007-08

Bench: Shri B.R. Baskaran, Accountnat Member & Shri Pawan Singhdcit, Central Circle-8(1), Shri Suresh Gaggar (Huf) Room No. 656, 6Th Floor, 41/42, Gaurav Extension, Aayakar Bhavan, M.K. Road, Vs. Gokuldham, Goregaon (East), Mumbai-400020. Mumbai-400063. Pan: Aabhs7971P (Appellant) (Respondent)

For Respondent: Shri Vijay Mehta(DR)
Section 132Section 139(1)Section 143(2)Section 143(3)Section 153ASection 253Section 254(1)

…ggar (ITA No. 1287 to 1290/Mum/2015) & in DCIT vs. Smt. Indra Gaggar (ITA No. 808, 1295, 1294, 1269 & 809/Mum/2015). In support of his further submission, the ld. AR of the assessee further relied upon the following decision: 1. All Cargo Global Logistics [374 ITR 645 (Bom)] 2. CIT v. Gurinder Singh Bawa [386 ITR 483 (Bom)] 3. CIT v. Kabul Chawla [380 ITR 573 (Del)] 4. Dy. CIT v. Shri Ramakant Gaggar in ITA Nos 1287 to 1291/Mum/2015 for A.Y.s 2006-07 to 2009-10 dated 21.12.2016 5. DCIT v. Smt. Indra Gaggar in ITA Nos 808,1295, 1294/Mum/2015 for 07 to 2008-09 dated 30.11.2016 6. Narpat Mehta v. ACIT CC 4(1), Mu…

DCIT Cent. Cir. 7(1), Mumbai vs. Rakesh Jhunjhunwala, Mumbai

In the result, both the appeals filed by the revenue are dismissed

ITA 5020/MUM/2016[2007-08]Status: DisposedITAT Mumbai31 Oct 2017AY 2007-08

Bench: Shri B.R. Baskaran (Am) & Shri Ravish Sood(Jm)

Section 143(3)Section 14ASection 153A

…these two years only on the basis of incriminating materials found during the course of search. The assessee placed reliance on the decision rendered by the Hon’ble Bombay High Court in the case of Continental warehousing (Nhava Shewa) & All Cargo logistics (374 ITR 645) in support of his contentions. The Ld CIT(A) called for a remand report from the assessing officer, wherein the AO also confirmed that no incriminating materials relating to the additions made in these two years were found during the course of search. Accordingly the Ld CIT(A) deleted the additions by following the decision rendered by the Hon’b…