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2017 (8) TMI 443 - AT - Income TaxAssessment u/s 153A - addition based on any incriminating material found during the course of search - Procurement of accommodation entries through share application money from non-descript companies - addition u/s 68 - CIT(A) has deleted the additions after considering the assessments of six share applicants out of eight and has categorically recorded a finding that the additions so made are not based on any incriminating material found during the course of search Held that:- It is now settled that in the cases of search, no addition can be made unless there is incriminating material found in the search to support such additions. However, in the instant case, there is no material on record and there is no whisper in the assessment order as well as in the order of ld. CIT(A) to show as to what material was found at the time of search, which led the Assessing Officer to make the impugned addition. The search memo is not available before us to know about the material found in the search. CIT(A) has also not recorded any finding as to the material found in the course of search. Therefore, unless it is ascertained as to what material was found on search and whether it was incriminating or not, the decision of making addition by the Assessing Officer and its deletion by the ld. CIT(A) cannot be supported. Besides, the ld. CIT(A) has admitted the additional evidences u/s. 46A. The impugned order shows that the ld. CIT(A) called for the remand report of the AO, but we do not find in the impugned order as to what was the rebuttal or contention of the Assessing Officer in the said remand report on admission of additional evidence, whatsoever, submitted before the ld. CIT(A). We, accordingly restore the matter to the file of ld. CIT(A) for deciding the appeal afresh after making proper examination of records in the light of observations made above Decided in favour of revenue for statistical purposes.
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