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2022 (5) TMI 611 - AT - Income TaxAssessment u/s 153A - Proof of incriminating material found in search - HELD THAT:- On the date of search, there was no assessment pending for the impugned assessment year, therefore, this year shall be treated as unabated assessment. In case of unabated assessment for making addition there must be some incriminating material. On perusal of the entire order of the AO we do not find anywhere that seized material has been used by the AO for making the addition, which could be treated as incriminating material. As per the decision of various courts in case of completed assessments, the addition can be made only on the basis of incriminating material. In support of our observations, we rely on the judgment of the Hon’ble High Court of Delhi in the case of CIT Vs. Kabul Chawla [2015 (9) TMI 80 - DELHI HIGH COURT] Since no incriminating material was unearthed during search, no additions could have been made to income already assessed. Therefore, we direct the AO to delete the additions made by the AO on the assessment framed u/s 153A - Decided in favour of assessee.
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