TMI Blog2022 (9) TMI 476X X X X Extracts X X X X X X X X Extracts X X X X ..... earch. 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. - ITA No. 3144 /Del./2017 - - - Dated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aterial was found during the search relating to this addition, hence addition is not sustainable. But the ld. CIT (A) rejected the assessee s plea that no incriminating material was found as he observed that the bank statement was found and in the said bank account statement, same amount was found to be received. 4. Against this, the assessee is in appeal before us. We have heard both the parties and perused the record. 5. Ld. counsel of the assessee in this regard contended that assessee has already submitted the return of income and in the said return of income, the said bank account was duly disclosed. Hence, by referring to bank statement found during search, addition cannot be made for the entries made in the said bank statement ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Hence ld. CIT (A) on this issue is himself taking contradictory stand. In this regard, ld. counsel of the assessee placed reliance upon the decision of ITAT in the case of M/s. Sarva Priya Holdings Pvt. Ltd. vs. DCIT for the AYs 2010-11 2011-12 in IT(SS)A.Nos.97 98/Kol/2018 vide order dated 29.11.2019. Ld. counsel of the assessee submitted that in the said case also, on similar issue, when the bank account was earlier disclosed and the addition made based upon the bank statement found during the search, addition was deleted by the ITAT. We may gainfully refer to the concluding part of the aforesaid order as under:- 12. It is observed that the addition of Rs. 3.15 by treating the share application money as unexplained cash credit u/ ..... X X X X Extracts X X X X X X X X Extracts X X X X
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