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2021 (9) TMI 857 - AT - Income TaxAssessment u/s 153A - Whether any incriminating material find by the ld AO in search? - HELD THAT:- Assessment has already been made u/s 143(3) of the Act on 02.09.2011. Search took place on the other party on 06.05.2014 and survey u/s 133A of the Act took place on the assessee’s premises on that date. AO assessment has already been made u/s 143(3) of the Act on 02.09.2011. Search took place on the other party on 06.05.2014 and survey u/s 133A of the Act took place on the assessee’s premises on that date. AO has stated that on perusal of the survey report regarding survey u/s 133A of the Act there is an error higher discount and rebate debited by the assessee in its books of account. There is no reference of any incriminating material found during the course of search in case of 3rd party. The assessment is also passed by issuance of notice u/s 153A of the Act and not u/s 153C - there is no search in case of the assessee but there was only a survey u/s 133A of the Act. There is no reference of any incriminating material by the ld AO in the whole of the assessment order. The ld DR also could not show us whether any incriminating material was found during the course of search. Admittedly the addition was made only on the basis of survey report.- Decided in favour of assessee.
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