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2024 (1) TMI 750 - ITAT DELHIValidity of assessment u/s 153A - mandation of having incriminating material unearthed as a result of search - whether Revenue is entitled to interfere with unabated assessment which stood concluded either u/s 143(1) or u/s 143(3) and not pending at the time of search in the absence of any incriminating material unearthed as a result of search in the case of assessee? - HELD THAT:- There is a total absence of reference to any incriminating material which may have any bearing to the impugned additions/disallowances except some statement of witness adverse to assessee in an all together different search proceedings. As decided in ANAND KUMAR JAIN (HUF) , SATISH DEV JAIN, SAJAN KUMAR JAIN, [2021 (3) TMI 8 - DELHI HIGH COURT] has observed in identical fact it is manifest that additions/disallowances have been made without reference to any specific incriminating material/document found as a result of search and seizure action under section 132 of the Act and such additions are solely based on deposition made by a witness against the assessee in the course of search in that case. Besides, the integrity of confession obtained is unknown. No cross examination of the witness was provided to the assessee either and consequently, such statement is unworthy of reliance. Guided by the principles laid down in Abhisar Buildwell (P.) Ltd. [2023 (4) TMI 1056 - SUPREME COURT] and Ananad Kumar Jain (HUF) [2021 (3) TMI 8 - DELHI HIGH COURT] we find force in the legal plea raised on behalf of the assessee. Hence, in the absence of any incriminating material in an unabated assessment additions/disallowances made by AO in all captioned appeals requires to be quashed. Decided in favour of assesee.
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