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2022 (8) TMI 602 - AT - Income TaxAssessment u/s 153A - Addition u/s 68 - objection of the assessee are that no assessment proceedings were pending in respect of the assessment year under consideration as on the date of the search and also addition has been made without any reference to incriminating material - HELD THAT:- We find that Revenue has not challenged the fact of non-pendency of any assessment on the date of search. From the assessment order, we find that addition in dispute in ground No. 5 and 6 have been made on the basis of ITS details. Regarding the ground No. 7 also though the AO has not referred to any incriminating material but the Ld. CIT(A) has made general observation that the assessee was engaged in obtaining accommodation entries. We find that there is no specific reference of any incriminating material for sustaining the addition in dispute of ₹32,50,000/- which was made by the Assessing Officer under section 68 of the Act. Both the conditions of the decision in the case of Kabul Chawal [2015 (9) TMI 80 - DELHI HIGH COURT] that for making addition under section 153A of the Act, firstly, the assessment proceedings should be pending as of the date of the search and secondly, there should be incriminating material for making the addition, are not fulfilled. - Decided in favour of assessee.
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