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2019 (9) TMI 1309 - AT - Income TaxAssessment proceedings u/s 153A - no incriminating material found or seized during the course of search - HELD THAT:- Various binding precedents that in absence of any incriminating material found or seized during the course of search, the addition cannot be made by the A.O. in the proceedings U/s 153A of the Act when the assessment for the year under consideration was not pending as on the date of search. Thus, following the earlier decision of this Tribunal as well as judgment of the Hon’ble Jurisdictional High Court and the other judgments relied upon by the ld AR, hold that the addition made by the A.O. on account of agricultural income treating the same as income from other sources in absence of any incriminating material is not sustainable and the same is deleted. Addition on account of FDR interest - suppression of income - interest as per the bank account credit was calculated at higher amount having a difference of ₹ 3,839/- which as submitted that this difference is due to some mistake in computation while preparing statement of affairs as well as the excess interest was offered in the other years from A.Y. 2010-11 to 2016-17- HELD THAT:- From perusal of the record, it is noted that the assessee has explained the difference of ₹ 3,839/- on FDR interest being the excess amount was offered to tax in the other years and there is no suppression of any income. From perusal of the details, find that this is only a calculation mistake while preparing the statement of affairs and overall interest income was offered by the assessee which is more than the actual interest on FDR. As regards the addition made on account of opening balance, it is clear from the cash book that there was no opening balance as on 01/4/2009. Thus, this addition is contrary to the facts and records, hence, even on merits, these additions are not sustainable and the same are deleted.
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