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2021 (8) TMI 936 - AT - Income TaxAssessment u/s 153A - incriminating material was found during the course of search or not? - HELD THAT:- As held by the learned CIT – A that for assessment year 2008 – 09 till assessment year 2011 – 12, no incriminating material was found during the course of search pertaining to these years , we also do not find any material referred in the assessment order, the learned CIT DR also could not show us any incriminating material for all these years, therefore as these are the concluded assessment years, which could have been disturbed only if there is any incriminating material found during the course of search, we also find that the issue is squarely covered by the decision of the honourable Delhi High Court in case of CIT V Kabul Chawla [2015 (9) TMI 80 - DELHI HIGH COURT] - Therefore we uphold the order of the learned CIT – A deleting all the additions for all these years. Addition of bogus purchases on protective basis in the hands of the assessee - HELD THAT:- Substantive addition has been made in the hands of another entity to womb assessee has supplied material. The learned departmental representative could not show us any evidence that in the hands of the parties where substantive additions have been made what is the fate of the said addition is. Unless, it is brought over knowledge the fate of substantive addition in the hands of another entity, the addition in the case of the assessee cannot be sustained. In view of this we set-aside this ground of appeal back to the file of the learned assessing officer to 1st ascertain the fate of addition made on substantive basis in the hands of another entity. If the addition is sustained there on substantive basis, the addition on protective basis in the hands of this assessee deserves to be deleted. If the addition is not sustained in the hands of that assessee on its own merits, even then the protective addition cannot be sustained in the hands of this assessee. If, a finding is arrived in the case of the assessee in whose case substantive addition is made holding that bogus purchases booked by this assessee and not to that party and therefore no addition can be made in the hands of that party then, in that case the addition is required to be tested in the hands of this party is once again a fresh. Appeal of the learned AO are allowed for statistical purposes.
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