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2018 (11) TMI 1614 - AT - Income TaxAssessment u/s 153A - no incriminating materials found during the search - addition u/s 68 - HELD THAT:- The question that really calls for our consideration is whether, in the absence of any incriminating material found during the search operations as a result of which the assessments u/s 153A are framed, the completed assessments can be disturbed by making the additions on the basis of material other than incriminating material found during the search operations. This issue is no longer res integra. Upholding the stand of this Tribunal that during the post search assessment proceedings under section 153A in respect of completed assessments “additions cannot be made other than on the basis of incriminating material found during search operations” . See SAUMYA CONSTRUCTION PVT. LTD. VERSUS ACIT, CENTRAL CIRCLE-1 (3) , AHMEDABAD [2016 (7) TMI 911 - GUJARAT HIGH COURT] Once it is not in dispute that the additions in questions are not based on any incriminating material found during the search operation, as is the undisputed factual position in this case, the very foundation of the additions ceases to be sustainable in law. That is precisely what the learned CIT(A) has held. We approve the conclusions arrived at by the learned CIT(A) and decline to interfere in the matter. - Decided against revenue.
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