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2015 (3) TMI 442 - AT - Income TaxValidity of assessment framed under sec. 153A read with sec. 143(3) - absence of any incriminating material belonging to the assessee being found during the course of search - Held that:- Decision of the Hon’ble Jurisdictional Delhi High Court in the case of Anil Kr. Bhatia (2012 (8) TMI 368 - DELHI HIGH COURT) supports the case of the assessee that in absence of incriminating material found during the course of search an addition u/s 153A of the Act cannot be made in the assessment framed thereunder. In absence of rebuttal of this material fact by the Revenue in the present case before us that no incriminating material was found during the course of search relating to the assessee for the assessment year under consideration to justify the additions made in these years by the Assessing Officer and assessment based on the original return of income filed under sec. 139 of the Act was pending as on the date of search, we following the cited decisions by the learned AR hold that the assessments framed under sec. 153A read with sec. 143(3) of the Income-tax Act, 1961 for the assessment years under consideration are not valid and the same are accordingly held as null and void. - Decided in favour of assessee.
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