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2019 (5) TMI 1595 - AT - Income TaxAssessment u/s 153C - no recording satisfaction during the assessment proceedings or thereafter of the searched party i.e., Jugal Kajaria (individual) - addition/disallowance made on the ground that no TDS has been made u/s 40(a)(ia) - HELD THAT:- No addition/disallowance can be made in an assessment made u/s 153C r.w.s. 143(3) , in the absence of any incriminating material being found during the course of search. The undisputed fact is that there was no incriminating material found during the course of search. The addition/disallowance made for both the assessment years are on the ground that no TDS has been made and hence, the provisions of Section 40(a)(ia), are attracted and on the ground that part of the expenditure claimed could not be substantiated with evidence. Both these disallowances are not based on any material found during the course of search. The assessments for both the Assessment Year have not abated. Accordingly, this ground of cross-objection of the assessee is allowed. - Decided in favour of assessee.
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