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2016 (1) TMI 1450 - AT - Income TaxAssessment u/s 153A - addition on account of low household withdrawals - HELD THAT:- As can be seen from the order of AO, and CIT(A), they only disbelieved assessee's version. Since this issue does not arise out of any incriminating material and as assessee has shown the amount as a receipt in 2002-03 itself in the capital account, we are of the opinion that addition cannot be made in the proceedings U/s. 153C, without any evidence to contrary to disbelieve assessee's contentions. We have already held that initiation of proceedings U/s. 153C are itself bad in law, these issues become academic in nature. Assessee relied on coordinate bench decision in the case of Vinod Kumar Agarwal, another assessee's group case. Therein assessments were made U/s. 153A and parameters for considering the jurisdiction are different. In this case we have already examined the proceedings in the light of jurisdiction high Court judgment. Following the same, the proceedings U/s. 153C initiated in this assessee's case cannot be sustained. Accordingly, assessee's contentions are accepted. The impugned orders are accordingly set aside.
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