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TMI Blog2023 (2) TMI 127X X X X Extracts X X X X X X X X Extracts X X X X ..... ng that the additions in question were not based on any search material and, therefore, the additions so made de hors search material is unsustainable when the facts leading to addition made under Section 68 of the I.T. Act were unearthed during search under Section 132 in the premises of the assessee and its group and consequential survey u/s.133A made in the business premises of the alleged creditor, M/s. AIM Credit Capital Pvt. Ltd by the Investigation Wing?" 2. This appeal by the Revenue is directed against an order dated 19th April, 2018 passed by the Income Tax Appellate Tribunal, Cuttack Bench, Cuttack (ITAT) in allowing IT (SS) A No.38/CTK/2018 filed by the Assessee for the Assessment Year 2008-09. 3. The background facts are tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 6. Thereafter, the Assessee went in the appeal before the ITAT where inter alia it contended that the assessment under Section 153A of the Act had been made on the basis of the books of account of the Assessee without referring to any material found during the course of search. Relying on the decision of the High Court of Delhi in CIT (Central)-III v. Kabul Chawla (2016) 380 ITR 573 (Del), it was submitted that the additions could not be sustained. 7. The ITAT has in the impugned order referred to a number of decisions of the High Courts including the judgments in Pr. CIT v. Meeta Gutguita Prop. M/s. Fems "N" Petals (2017) 395 ITR 526 (Del), CIT v. Gurinder Singh Bawa, 386 ITR 143 (Bom) and CIT v. IBC Knowledge Park Pvt Ltd., 385 ITR 34 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Act pursuant to a search under Section 132 of the Act. IN particular, they do not deal with the situation where no incriminating material is found during the course of search on the basis of which additions could be sustained in the case of un-abated assessment, under Section 153A of the Act. In view of the settled legal position as explained in several decisions of High Courts which have been referred to hereinbefore as well as in the impugned order of the ITAT, the Court is not persuaded that a different view should be taken in the matter as far as the present case is concerned. 10. Consequently, the question framed is answered in the affirmative, i.e., in favour of the Assessee and against the Department. 11. The appeal is, acco ..... X X X X Extracts X X X X X X X X Extracts X X X X
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