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TMI Blog2023 (12) TMI 279X X X X Extracts X X X X X X X X Extracts X X X X ..... onable & sufficient opportunity of being heard was provided to the appellant in utter disregard to the judgments in the cases of principles of natural justice. 2. That the C.I.T.(A) has grossly failed to appreciate that the assessment was completed on the non-est return and explanation about cash deposit in bank account by the assessee was never sought. 3. That Ld. C.I.T.(A) has grossly erred in not asking for the remand report on the return filed on 20.12.2019 vide E-Filing acknowledge number 275120610201219 before the day of assessment. 4. That the C.I.T. (A) was not legally correct and justified in confirming the addition of Rs. 2,10,000/- in bank deposits u/s 68 as undisclosed income from the undisclosed sources, specially when re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , the Ld. DR could not controvert that the addition in this case is without any seized material during the search. 5. We note that in this case, the addition made by the AO by observing as under:- "From the Bank Statements received from the Kangra Co-operative Bank Ltd., Kotak Mahindra Bank and Axis Bank for the previous year relevant to this assessment year it transpires that :- The Assessee has deposited a sum of Rs 2,00,000/- with the Kotak Mahindra Bank during the period 01.04.2013 to 31.03.2014. As no source of this deposit has been explained by the assessee, this sum of Rs 2,00,000/- is being added to the declared income of the Assessee as per provision of Section 68 of the IT Act. (Addition: Rs. 2,00,000/-) The Assessee has d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... entioned in earlier paras of this order, this assessment is pursuant to notice u/s 153A of the Act. We note that the additions are not based upon any incriminating material found during search. Ld. DR also could not dispute this proposition. As per the decision of the Hon'ble Supreme Court in the case of PCIT vs Abhisar Buildwell Pvt. Ltd. (2023) SCC Online SC 481, no addition can be made the assessment framed u/s 153A dehors incriminating material found during the search. Since, the AO himself admitted that the addition is made dehors any seized incriminating material during the search, respectfully following the precedent of Hon'ble Apex Court, we set-aside the order of the Ld. CIT(A) and decide the issue in favour of the assessee. 10. I ..... X X X X Extracts X X X X X X X X Extracts X X X X
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