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2020 (10) TMI 283 - AT - Income TaxAssessment u/s 153A - Whether evidence found during the course of search? - HELD THAT:- The impugned orders do not refer to these statements. No doubt, the statement recorded u/s 132 (4) of the Act on its own, withot any corroboruating evidence does not constitute incriminating material. In this case, however, the statement is coupled with bank statement and such bank statements are for the relevant assessment years. In CIT vs. Chethan das Lachman das [2012 (8) TMI 367 - DELHI HIGH COURT] and in Kabul Chawla [2015 (9) TMI 80 - DELHI HIGH COURT] made a reference not only to the evidence found during the course of search, but also to the other post search material or information available with the Ld. AO to make an addition under this section. This aspect missed the attention of the CIT(A). Since such statements are produced before us in the paper book vide Annexure A-5, we are of the considered opinion that it requires consideration before reaching a conclusion as to whether or not there is any incriminating material in this case. Since the Ld. CIT(A) did not advert to this aspect at all in the impugned orders and no finding is returned as to the impact of these bank statements on the fact in issue, we are of the considered opinion that an error had crept in, in the order of the learned Ld. CIT(A). We set aside the impugned orders and remand issue to the file of the Ld. CIT(A) to consider the bank statements that were handed over by the assessee at the time of the search and recording of the statements u/s 132 (4) to reach a conclusion according to law. CIT(A) will afford an opportunity to the assessee while considering this issue and consider the submissions, if any, made by the assessee on this aspect - Appeals of the Revenue are allowed for statistical purpose.
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