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2021 (9) TMI 652 - AT - Income TaxAssessment u/s 153A - Whether no “incriminating material” was there to support the additions made by the AO? - HELD THAT:- It is settled principle of law that when no incriminating material has come on record, very initiation of assessment proceedings u/s 153A is not sustainable in the eyes of law. Ld. DR for the Revenue has failed to rebut the issue decided by the ld. CIT (A) that in the absence of any incriminating material, assumption of jurisdiction u/s 153A of the Act is bad in law. Hon’ble jurisdictional High Court in case of CIT vs. Kabul Chawla [2015 (9) TMI 80 - DELHI HIGH COURT] has decided the identical issue by holding that, “completed assessment can be interfered by the AO while making assessment u/s 153A only on the basis of some “incriminating material” unearthed during the course of search or requisition of documents or undisclosed income or property discovered in the course of search, which were not there in the course of original assessment”. - Decided against revenue.
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