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2015 (12) TMI 1523 - HC - Income TaxAssessment u/s 153A - Held that:- Although the ITAT may have erred in holding that the issuance of notice under Section 153A (1) (a) of the Act was invalid, it is not in dispute that qua the Respondent Assessee no incriminating material was found during the search so as to justify the addition made in the assessment order passed pursuant to the issuance of such notice. As held in several decisions including Kabul Chawla (2015 (9) TMI 80 - DELHI HIGH COURT ), no assessment can be framed in terms of the Section 153A of the Act in the absence of the any incriminating material found during the search. Consequently, the net result is that the assessment order will in any event have to remain quashed. - Decided in favour of assessee.
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