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2020 (3) TMI 948 - AT - Income TaxAssessment u/s 153A - absence of incriminating material/documents - HELD THAT:- In the present case, there is no dispute that the assessment was completed as on the date of search and we find the CIT(A) in his impugned order categorically held that no incriminating documents / papers relevant to the issue on hand were not seized during the course search and seizure operation. Further, the additions made by the AO in the assessment completed u/s 153A/143(3) are not based on any incriminating material documents / papers. Further the CIT(A) placed reliance in the case of Veerprabhu Marketing Ltd. [2016 (8) TMI 813 - CALCUTTA HIGH COURT] . While deciding the issue in the case of Veerprabhu Marketing Ltd. (supra), the Hon’ble High Court of Calcutta agreed with the view expressed by the Hon’ble High Court of Karnataka [ 2016 (5) TMI 372 - KARNATAKA HIGH COURT[ wherein it was held that incriminating material is a pre-requisite / power could have been exercised u/s 153C r.w.s. 153A of the Act. We note that as rightly argued by the Ld.AR the Hon’ble High Court of Calcutta have been consistently held that the additions in the case of search assessment have to be made on the basis of incriminating material, supporting the same, the citation of which have been reproduced in the afore-mentioned paragraph. Therefore, considering the facts and circumstances of the case and submissions of ld. DR and AR along with the decisions relied on, we find no infirmity in the order of CIT(A) and it is justified. Thug ground nos. 1 to 6 raised by the revenue are dismissed.
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