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2022 (4) TMI 676 - AT - Income TaxAssessment u/s 153C - Proof of incriminating material for the issuance of notice u/s 153C - whether seized documents were in the nature of accommodation entries only for routing the undisclosed income? - HELD THAT:- On a thorough and careful reading of the assessment order, we are unable to locate any observation of the Assessing Officer to demonstrate that the disputed additions were made with reference to any seized/incriminating materials found as a result of search and seizure operation. In fact, in course of hearing of these appeals before us, learned Departmental Representative fairly accepted the aforesaid factual position. Now, it is fairly well settled that where on the date of search and seizure operation assessment for the concerned assessment years have not abated, additions, if any, have to be made strictly with reference to seized/incriminating material found as a result of search and seizure. In this context, we rely upon the decision of the Hon’ble Jurisdictional High Court in case of CIT vs. Kabul Chawla [2015 (9) TMI 80 - DELHI HIGH COURT] and SINHGAD TECHNICAL EDUCATION SOCIETY [2017 (8) TMI 1298 - SUPREME COURT] - Decided in favour of assessee.
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