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2020 (8) TMI 95 - AT - Income TaxAssessment u/s 153A - Addition made u/s 68 - whether in the absence of any incriminating material, can any addition be made in the hands of the assessee? - HELD THAT:- We have to see the discovery of incriminating material vis-a-vis two stages of assessment i.e. abated and non-abated assessment. It is not the dictate of KABUL CHAWLA [2015 (9) TMI 80 - DELHI HIGH COURT] that in the absence of any incriminating material, in any of the years, no additions can be made. The Hon’ble High Court is very clear in its findings. So, to apply the principle laid down by the Hon’ble High Court (supra), it is the first step to find whether the proceedings had abated or non-abated and also to determine any incriminating material was found or not. AR before us has pointed out that no incriminating material was found and also that the proceedings are non-abated. In these facts and circumstances, following the dictate of Hon’ble Delhi High Court in Kabul Chawla (supra), we hold that no addition u/s 68 of the Act is warranted. - Decided in favour of assessee.
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