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2022 (5) TMI 1031 - AT - Income TaxAssessment u/s 153A - Whether no incriminating material found in the said search against the assessee? - addition u/s 68 - HELD THAT:- It is seen that, while making addition u/s 68 of the Act, the Ld. A.O has not referred any incriminating material/document found at the time of search which relate to the impugned addition. No incriminating material during the search which relate to the impugned addition has not been disputed by the Ld. DR and has not placed any material to contradict the above said facts. By looking into the above facts and circumstances, we are of the opinion that the ratio laid down by the Jurisdictional High Court in the case of CIT Vs Kabul Chawla [2015 (9) TMI 80 - DELHI HIGH COURT] is squarely applicable, wherein it is held that when there is no incriminating material was unearthed during the course of search in respect of an issue, then no addition in respect of such an issue can be made in the assessment u/s 153A & 153C. The similar view has been taken in the case of Mount Echo Build Well Pvt. Ltd. [2021 (12) TMI 1351 - ITAT DELHI] - In the light of the above decision of the Jurisdictional High Court and the decision of the Tribunal which are binding precedent, we allow the appeal filed by the assessee and delete the addition made by the A.O which was sustained by CIT(A). Accordingly, we allow the Assesssee’s Grounds of appeal.
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