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2021 (1) TMI 885 - AT - Income TaxValidity of the notice under Section 153A - Proof of incriminating material found in search - HELD THAT:- As in CIT Vs. Kabul Chawla [2015 (9) TMI 80 - DELHI HIGH COURT] has held that completed assessments can be interfered with by the Assessing Officer, while making the assessment under Section 153A of the Act, only on the basis of some incriminating material un-earthed during the course of search or recovery of documents or undisclosed income or property discovered in the course of search, which were not produced or not already disclosed or made known in the course of original assessment. Addition of advertisement expenses - There is only reference to some post-search investigation and assessee was asked to furnish the details of advertisement expenses, which was furnished. However, the address and PAN of the parties were not provided and, therefore, these expenses were held to be bogus and disallowed by the ld. Assessing Officer. We do not find any reference to any material, which is incriminating in nature found during the course of search, which has been used by the ld. AO for making this disallowance. Disallowance under Section 14A - As noted that assessee has made an investment of ₹ 119 crores during the year and, therefore, he made the disallowance under that section. In that case, also we do not find any reference to any incriminating material found during the course of search. In view of this, we find that both the disallowances in appeal before us are made by the ld. Assessing Officer without any incriminating material found during the course of search.DR could not show that any of these additions/disallowances are made on the basis of incriminating material found during the course of search. - Decided in favour of assessee.
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