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2019 (6) TMI 890 - AT - Income TaxAssessment u/s 153A - nothing found during the search i.e. incriminating material revealing undisclosed income - HELD THAT:- No addition can be made to the income of the assessee that has already been assessed except on the basis of some any incriminating material. In the absence of any incriminating material the completed the assessment can be reiterated while framing u/s 153A. AO is not permitted to disturb the income has finalized in the completed assessment dehors incriminating material while making the assessment U/s 153A. The reassessment U/s 153A shall have connection with something found during the search i.e. incriminating material revealing undisclosed income. Therefore, any addition or disallowance can be made only on the basis of material gathered during the search and requisition and in case has no incriminating material is found the earlier assessment would have to be reiterated while completed U/s 153A. Since, in the case in hand, no incriminating material was found indicating undisclosed investment by the assessee on account of on money for purchase of agricultural land then the addition made by the AO on the basis of the information received from the ACB and consequential inquiry conducted by the AO during the assessment proceedings cannot be treated as incriminating material to justify the addition on account of on money when the assessment was completed and not pending at the time of search. Accordingly, in the facts and circumstances of the case and in view of the binding precedents the addition made by the AO is not sustainable in law and the additional ground is hereby allowed in favour of assessee.
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