2020 (2) TMI 786 - AT - Income Tax

Assessment u/s 153A - proof of incriminating material found in search - addition u/s 68 - A.O. on the basis of statement of accommodation entry provider - HELD THAT:- As no incriminating material was found during the course of search, we, are of the view that the facts of the present case are identical to the facts involved in the case of Shri Brij Bhushan Singal & Others [2018 (10) TMI 1635 - ITAT DELHI] wherein the similar issue has been decided stating that CIT(A) enhanced the income in the absence of any incriminating material found during the course of search and considered a new source of income which was outside the subject matter of the assessment framed by the AO or the grounds agitated by the assessee in its appeal before the ld. CIT(A). Therefore, the enhancement made u/s 153A r.w.s. 251 of the Act was not justified and accordingly the same is deleted. - Decided in favour of assessee.