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2019 (12) TMI 199 - ITAT DELHIAssessment u/s 153C - whether no incriminating material was found in respect of the assessee during the course of search - HELD THAT:- Incriminating material or evidence had been found during the course of search so as to doubt the transactions. It was noted that in the entire assessment order, the AO has not referred to any seized material or other material for the year under consideration having being found during the course of search in the case of the assessee, leave alone the question of any incriminating material for the year under appeal. Therefore, in our considered opinion, the action of the AO is based upon conjectures and surmises and hence, the addition made is not sustainable in the eyes of law. The issue in dispute is now no longer res integra in view of the decision case of Commissioner of Income Tax vs. Kabul Chawla [2015 (9) TMI 80 - DELHI HIGH COURT] In the present appeal before us, it is not in dispute that the no incriminating material was found in respect of the assessee during the course of search as is evident from the Assessment Order itself. During the course of hearing before us also, the Department could not negate this factual finding of the Ld. CIT (A) - CIT (A) in deleting the addition in dispute and dismiss the Revenue’s appeal
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