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2024 (1) TMI 59 - AT - Income TaxAssessment u/s 153A - whether the addition made by the AO is sustainable in the absence of any incriminating material when the assessments are unabated? - HELD THAT:- It is the finding of the CIT(A) that no incriminating material was unearthed during search/survey and in view of the proposition laid down in the case of Kabul Chawla [2015 (9) TMI 80 - DELHI HIGH COURT] the addition made by the AO was held to be bad in law as no incriminating material was found or seized which relating to the assessment year under consideration. We observe that the decision of Kabul Chawla (supra) has been affirmed in the case of PCIT Vs. Abhisar Buildwell Pvt. Ltd. [2023 (4) TMI 1056 - SUPREME COURT] - The Revenue could not place on record any seized material based on which the additions were made in the assessment order. In the circumstances, we do not see any infirmity in the order passed by the Ld.CIT(A) in deleting the addition made by the AO in the absence of any incriminating material seized in the course of search - no incriminating materials were seized leading to the additions in dispute. Decided in favour of assessee.
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