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2021 (1) TMI 580 - AT - Income TaxAssessment u/s 153A - Addition on account of interest on post-dated cheques (PDC) - HELD THAT:- This addition has already been made in the original assessment proceedings u/s 143(3) and subject to appeal before CIT (A) and Now pending before ITAT, same could not have been repeated once again in assessment proceedings under Section 153A - we direct the AO to delete the above addition on account of interest on PDC. Even otherwise this is a concluded assessment and same could have been tinkered only if any incriminating material found during the course of search. No such material was found during the course of search but the addition is made only for the reason that the ld. CIT (Appeals) has sustained the above addition in assessee’s appeal against order under Section 143(3) - In view of this we direct the Assessing Officer to delete the addition. Addition on violation of the provisions of Section 40A(3) - assessee has found to have paid to various farmers and agriculturists for purchase of land in cash - HELD THAT:- On perusal of the assessment order as well as the order of the ld. CIT (Appeals) we do not find that there is any reference to incriminating material found during the course of search. These are already part of the accounted entries in the books of accounts of the assessee. Therefore, in the absence of any incriminating material, respectfully following the decision of Hon’ble Delhi High Court in CIT Vs. Kabul Chawla [2015 (9) TMI 80 - DELHI HIGH COURT] this addition deserves to be deleted. Also as relying on assessee's own case [2015 (5) TMI 384 - ITAT DELHI] addition to be deleted. - Decided in favour of assessee.
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