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in so far as pending assessments are concerned, the jurisdiction to make original assessment and assessment u/s 153A of the Act merge into one and in thatcaseonly one assessment for the remaining set of years, where assessment is pending, is to be made separately on the basis ofsearchmaterials and the regular material existing or brought on record before the AO/Revenue. It means that the assessee can make any new claim in the return of income filed u/s 153A of the Act or even during the course of assessment proceedings undertaken u/s 153A of the Act. In our view, and in view of the second proviso to Section 153A (1) of the Act, once assessment get abated it is opened both way i.e. for the Revenue to make any additions apart from seized material even regular items declared in the return can be subject matter if there is doubt about the genuineness of those items and similarly the assessee also can lodge new claim, deduction or exemption or relief which remained to be claimed in regular return of income, because assessment was never made in thecaseof the assessee in such situation. Hence, we allow this issue of assessees appeal.”

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Sec. 153A of Income-tax Act, 1961— Search and seizure—In view of the second proviso to s. 153A(1), once assessment gets abated, it is open for the assessee to lodge a new claim in a proceeding under s. 153A(1) which was not claimed in his regular return of income, because assessment was never made/finalised in the case of the assessee in such a situation. Pending assessment or reassessment on the date of initiation of search if abated, then the assessment pending on the date of initiation of search shall cease to exist and no further action with respect to that assessment shall be taken by the AO and in such a situation the assessment is required to be undertaken by the AO under s. 153A(1) of the said Act — Pr. Cit vs. JSW Steel Ltd. [2020] 313  CTR 129 (BOM)

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