Tribunal held that  for the assessment year 2008-09 (from December 7, 2007 to March 31, 2008) to 2010-11, the assessee-firm had filed returns of income under section 139(1) of the Act disclosing income from the business of retail outlet of selling petrol and high speed diesel and therefore, the material found and seized during the search and seizure action pertaining to the financial year 2007 had no bearing on determination of the total income of the assessee when the assessee has already declared the income from such business. The Assessing Officer had passed an identical order by applying the net profit at two per cent. after rejecting the books of account but the seized material found during search and seizure action revealed that the assessee was engaged in the business and once the assessee had already declared the income from the business in the return of income filed under section 139(1) the seized material which revealed the details of the transaction of the financial year 2007 up to December 7, 2007 would not be considered incriminating material for determination of the total income of the assessee for these years. Therefore, the additions made by the Assessing Officer in the proceeding under section 153C for the assessment year 2008-09 (from December 7, 2007 to March 31, 2008) to assessment year 2010-11 were not based on any material revealing undisclosed income. (AY. 2005-06 to 2011-12)