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2022 (9) TMI 476 - AT - Income TaxAssessment u/s 153A - Addition u/s 68 - incriminating material found during the search or not? - HELD THAT:- It is undisputed that the assessment was completed before the date of search. Nowhere it was the case of the authorities below that the said bank was not earlier disclosed. In these circumstances, by referring to the bank statement of said bank which was already disclosed, additions made cannot be said to be based upon incriminating material found during the search. As a matter of fact, ld. CIT (A) himself deleted the addition based upon the deposits in the said bank account on the ground that no incriminating material was found during search. Hence ld. CIT (A) on this issue is himself taking contradictory stand. In the orders of the authorities below, there was no mention that bank account has not been disclosed in the earlier return of income, hence addition made de hors on incriminating material found during the search is not sustainable as has been held in the case of CIT vs. Kabul Chawla [2015 (9) TMI 80 - DELHI HIGH COURT] - Accordingly, on the jurisdictional issue, we hold that addition is not sustainable inasmuch as it was made de hors incriminating material found during search. Since we hold that addition was without jurisdiction, the addition on merits is not dealt with - Appeal filed by the assessee stands allowed.
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