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2019 (11) TMI 1027 - AT - Income TaxAssessment u/s 153A - Addition u/s 68 - assessment framed by the A.O. in pursuant to the search and seizure action u/s 132 - HELD THAT:- CIT(A) has considered all the relevant facts as well as binding precedents on this point and given the finding that an assessment framed U/s 153A of the Act in respect of a year which was not pending as on the date of search and which does not abate the same can be disturbed only on the basis of incriminating material. CIT(A) has held that in absence of incriminating material, the completed assessment can be reiterated and cannot be interfered with by the A.O. while making the assessment U/s 153A of the Act without any incriminating material unearthed during the course of search. The relevant facts leading to the conclusion that the A.O. has repeated the addition while framing the assessment U/s 153A of the Act pursuant to the search dated 22/07/2015 without any incriminating material found or seized during the course of search action is not in dispute. The revenue has supported its case only on the statements recoded by the A.O. during the course of assessment proceedings which in our considered view do not constitute incriminating material found or seized during the course of search. Further even those statements recorded by the A.O. have not resulted any fact or material to indicate any undisclosed income or unexplained cash credits which can be added U/s 68 of the Act. Accordingly, in the facts and circumstances of the case, we do not find any error or illegality in the impugned order of the ld. CIT(A) in deleting the addition - Decided against revenue
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