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2019 (4) TMI 1925 - AT - Income TaxAssessment u/s 153A - Income from undisclosed sources - HELD THAT:- As decided in SUBHASH KHATTAR case [2016 (8) TMI 460 - ITAT DELHI] assessment u/s 153A of the act in absence of incriminating material found during the course of search at the premises of the assessee and in absence o abatement of assessment on the date of search, cannot be made in the present case as per the above cited decisions including the decision of Hon’ble Jurisdictional Delhi High Court in the case of CIT vs Kabul Chawla [2015 (9) TMI 80 - DELHI HIGH COURT] Under the circumstances, we are of the view that the Assessing Officer was not justified in assuming jurisdiction u/s 153A and authorities below ere also not justified in making and sustaining the addition in question merely on the basis of a hard disc found during the course of search - without any corroborative evidence in support we thus hold that the assessee/appellant succeeds on both the above issues, i.e. on validity of assumption of jurisdiction u/s 153A and the addition in question - Decided in favour of assessee.
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