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2022 (7) TMI 1327 - ITAT KOLKATAAssessment u/s 153A - Proof of incriminating material found during the course of search or not? - HELD THAT:- AO has nowhere made reference to any seized material in the assessment order. AO has been examining the matter as if he is passing a regular assessment order u/s 143(3) or 147 - Under the scheme of assessment as propounded in the various judgments an addition can only be made if some incriminating material regarding receipt of bogus share application money was found during the course of search. AO did not make reference to this effect. CIT(A) is on the same line. CIT(A) has discussed the issue on merits but did not address whether the issue can be examined in an assessment framed u/s 153A or not. The judgment of the Hon’ble Delhi High Court in the case of Kabul Chawla [2015 (9) TMI 80 - DELHI HIGH COURT] is very specific which has been discussed above. The time limit to issue notice u/s 143(2) of the Act has expired long back. Hence, it is an unabated assessment year and this assessment can be tinkered with only if incriminating material pertaining to this year has been found during the course of search. In view of the above discussion and respectfully following the judgments of various Hon’ble High Courts and Co-ordinate Benches, we allow the preliminary ground of the appeal and delete the additions made in the assessment order dt. 30/03/2015 passed u/s 153A r.w.s. 143(3) of the Act. Appeal of the assessee is allowed.
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