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2022 (5) TMI 415 - AT - Income TaxAssessment u/s 153A - addition made towards sub-contract expenses - CIT-A deleted the addition on the ground that the addition can only be made on the basis of material seized during Search - whether Assessing Officer has brought out in the Assessment Order that some of the sub-contractors who were examined have stated that they have not done, any sub-contract work for the assessee company? - HELD THAT:- We note with the able assistance of both the parties that the CIT(A) has quashed the impugned assessment itself as not based on any incriminating material found or seized during the course of the search. CIT-DIR vehemently contended during the course of hearing that hon’ble jurisdictional high court’s decision in Gopal Lal Bhadruka [2012 (6) TMI 657 - ANDHRA PRADESH HIGH COURT] supports the Revenue’s case that a search assessment could very well be framed on altogether a new material which sees light of the day in the corresponding proceedings. We find no merit in the Revenue’s arguments as their lordships’ decision is only applicable in a case wherein the department indeed comes across incriminating material at the time of search than in absence of any such material. We thus place our reliance on the case law considered in the CIT(A)’s order (supra) to affirm the lower appellate findings under challenge. - Revenue appeal dismissed.
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