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2015 (10) TMI 2569 - AT - Income TaxAssessment u/s 153A - Held that:- Factually speaking, in the present case the assessment for the year under consideration stood completed on the date of search. As perused the assessment order and find that there is nothing brought on record to suggest that any material was found during course of search in relation to the impugned addition. The entire discussion on this point in para-3 of the assessment order does not refer to any material found during the course of search leave alone any incriminating material. Therefore, in this factual background, no justification for the Assessing Officer to make the impugned addition in an assessment finalized under section 153A of the Act in the absence of incriminating material having not been found during the course of search, qua the impugned addition. Thus set aside the order of the CIT(A) and direct the Assessing Officer to delete the addition made as the same is purported to be beyond the scope and ambit of assessment envisaged under section 153A of the Act. - Decided in favour of assessee
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