In the result the appeals of the assessee for the Assessment
Bench: Shri Vijay Pal Rao & Shri B.M. Biyani
reassess the same. However, if the assessment for any of the assessment years falling within 6 years has attained finally and not pending on the date of search then the same cannot be subjected to tax in the proceedings u/s 153A of the Act in the absence of any incriminating material gathered in the course of search and seizure operation