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2019 (10) TMI 140 - AT - Income TaxValidity of assessment u/s 153A - as alleged assessment proceedings for the year under consideration has not abated and no incriminating material relating to the same was found in search - HELD THAT:- This Tribunal is taking a consistent view by following various binding precedents that in absence of any incriminating material found or seized during the course of search, the addition cannot be made by the A.O. in the proceedings u/s 153A of the Act when the assessment for the year under consideration was not pending as on the date of search. Thus, following the earlier decision of this Tribunal as well as judgment of the Hon’ble Jurisdictional High Court and the other judgments relied upon by the ld AR, hold that the addition made by the A.O. on account of agricultural income treating the same as income from other sources in absence of any incriminating material is not sustainable and the same is deleted. - Decided in favour of assessee.
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