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2018 (5) TMI 2114 - HC - Income TaxAssessment u/s 153A - Deemed divided addition u/s 2(22)(e) - HELD THAT:- This Court is of the opinion that there is no infirmity with the decision of the ITAT. In Kabul Chawla [2015 (9) TMI 80 - DELHI HIGH COURT] the Court had clearly indicated that the AO cannot arbitrarily complete the block assessment under Section 153A “without any relevance or nexus with the seized material”. The Court also held that an assessment in such circumstances has to be made under the provision only on the basis of seized material - it was held that in the absence of any incriminating material, the completed assessment can be reiterated and abetted assessment or re-assessment can be made. In the present case, the Revenue does not urge that it discovered any new material justifying the addition under Section 2(22)(e). Rather, there was no material to connect the additions made under that head. Clearly, there was no incriminating material or facts or circumstances justifying the addition - Decided in favour of assessee.
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