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2014 (12) TMI 1386 - ITAT RAIPURAssessment u/s 153A - Unexplained gift u/s 69A - HELD THAT:- Where AO had not referred to any incriminating material found during the course of search based on which addition was made, then the AO had no jurisdiction to make addition in the assessment framed under s. 153A of the Act. In the case of Jai Steel (India) v. CIT [2013 (6) TMI 161 - RAJASTHAN HIGH COURT] held that the requirement of assessment or reassessment under s. 153A has to be read in the context of s. 132 or 132A of the Act, inasmuch as, in case nothing incriminating is found on account of such search or requisition, then the question of reassessment of the concluded assessments does not arise, which would require more reiteration and it is only in the context of the abated assessment under second proviso which is to be reassessed. In number of cases, the Tribunal Benches have consistently taken the view that when no assessment is abated, question of making any addition or making disallowance which are not based on material found during search is bad in law - we hold that the addition made by the AO and confirmed by the learned CIT(A) is bad in law. We, therefore, allow original ground as well as additional ground of the appeal. Addition u/s 68 on gift received treated as unexplained - HELD THAT:- Both the authorities below have categorically held that the assessee failed to prove the genuineness of transaction and creditworthiness of the donor. No confirmation of gift was filed along with the return of income of the assessee. It is claimed that the alleged gift was made in cash but the donor was not produced before the AO for examination. At this stage also, the assessee could not prove the genuineness of the transaction and creditworthiness of the donor. No additional evidence, whatsoever, was filed before us. in the absence of any supporting evidence, we are of the view that the addition is fully justified. Disallowance on account of forfeiture of EMD made beyond the scope of s. 153A - HELD THAT:- Assessee did not bring any material on record to prove that the EMD amount as been forfeited by BPCL. In the absence of any documentary, evidence regarding forfeiture of EMD, the claim of the assessee cannot be accepted. At this stage also, the assessee has not brought any evidence to demonstrate that the claim made by it was justifiable. It is settled law that where an assessee claims deduction, the onus lies on him to bring all material facts on record to substantiate his claim. In view of the above, we do not find any merit in the appeal filed by the assessee.
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