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2019 (1) TMI 584 - AT - Income TaxAssessment u/s 153A / 153C - Revenue claims that audited statement in the form of tally accounts was said to be found during the course of search operation - Held that:- It is not in dispute that the very same document was already available before the Assessing Officer along with the return of income. Therefore, at any stretch of imagination, it cannot be said that the audited statement in the form of tally accounts is an incriminating material found during search as claimed by the Revenue. In the absence of any incriminating material, this Tribunal is of the considered opinion that there cannot be any assessment under Section 153A / 153C of the Act as found by the CIT(Appeals). This view of ours is fortified by the judgment of Apex Court in Principal CIT v. Meeta Gutgutia [2018 (7) TMI 569 - SUPREME COURT OF INDIA. - Decided against revenue
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