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2023 (4) TMI 1291 - AT - Income TaxAssessment u/s 153A - incriminating materials found in search or not? - additions made towards bogus purchases and u/s 40A(2)(a) - as argued these assessment years fall under the category of “unabated assessment years” and hence the AO could have made the addition in these two years only on the basis of incriminating materials, if any, found during the course of search - contention of the assessee is that assessments of AY 2012-13 and 2014-15 under consideration shall not abate, since no assessment was pending as on the date of search - HELD THAT:- As relying on ABHISAR BUILDWELL P. LTD. [2023 (4) TMI 1056 - SUPREME COURT] and KABUL CHAWLA [2015 (9) TMI 80 - DELHI HIGH COURT]we hold that the additions made towards allege bogus purchases and u/s 40A(2)(a), which are not based on any incriminating materials found during the course of search, are liable to be deleted. Assessee appeal allowed.
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