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2021 (3) TMI 1159 - ITAT DELHIAssessment u/s 153A - Addition on the basis of statement recorded u/s 132(4) - Revenue has challenged finding of the Ld. CIT(A) that no addition could be made under section 153A of the Act on the basis of the statement recorded under section 132(4) of the Act as there was no incriminating material found during the course of the search - HELD THAT:- No assessment was pending as on the date of the search - the assessee had filed his original return of income on 30/09/2009 declaring total income of ₹ 1,89,72,710/-. No notice under section 143(2) of the Act was issued till 30/09/2010, which was the limitation under which notice u/s 143(2) of the Act could have been issued. The search action in the case of assessee was carried out on 09/10/2014, therefore, no assessment proceeding was pending in the case of the assessee as on date of the search. This position has not been disputed by the Revenue also. Incriminating material found during the course of the search - We find that Hon’ble Delhi High Court in the case of PCIT Vs Best Infrastructure Private Limited, [2017 (8) TMI 250 - DELHI HIGH COURT] has held that statement under section 132(4) in the itself does not constitute incriminating material. As per HARJEEV AGGARWAL [2016 (3) TMI 329 - DELHI HIGH COURT] statement of Sh. Mulchand Malu under section 132(4) of the Act alone cannot be considered as incriminating material unless any corroborating incriminating material is found during the course of the search from the premises of the assessee. We do not find any error in the order of the Ld. CIT(A) on the issue in dispute. Following the finding of the Hon’ble Delhi High Court in the case of Kabul Chawal [2015 (9) TMI 80 - DELHI HIGH COURT] we, accordingly, uphold the same. The ground No. 1 of the appeal of the Revenue is accordingly dismissed.
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