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2022 (5) TMI 446 - AT - Income TaxValidity of Assessment u/s 153A - incriminating material in regard to the assessee found in the search or not? - HELD THAT:- Hon'ble Supreme Court of India in the case of CIT vs. Singhad Technical Education Society [2017 (8) TMI 1298 - SUPREME COURT] has held that incriminating material in regard to the assessee has to pertain to the assessment years in question. Hon'ble Delhi High Court in the case of CIT vs. Kabul Chawala [2015 (9) TMI 80 - DELHI HIGH COURT] has held that if no incriminating material was found during the course of search in respect of the issue, no addition in respect of that issue can be made to the assessment u/s. 153A and 153C of the Act. Thus, the bench is of considered opinion that Ld. Tax Authorities below were not justified in making assessment, not based upon incriminating material mentioned in the satisfaction note and thus acted beyond jurisdiction and scope of Section 153C/143(3) of the Act. That being so, the assessment order deserves to be quashed and the remaining grounds as raised in appeal need not be examined further. Consequently, the appeal of the assessee is allowed,
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