Sec. 153A of Income Tax Act, 1961— Assessment —Additions made under section 153A deleted in the absence of any incriminating material found during the course of search.

Facts: Assessee had challenged the jurisdiction of A.O. in initiating proceedings under section 153A when no incriminating material was found during the course of search.

Held, that there was no independent evidence to link the seized documents found in the premises of the third party with any incriminating material found in the course of search operation at the premises of assessee. Therefore, the entries in the documents seized from third party’s premises would not be sufficient to prove that assessee was indulged in such transactions. The additions made by A.O. under section 153A r.w.s 143(3) and sustained by CIT(A) in the absence of any incriminating material found during the course of search under section 132(1) in respect of unabated assessment year i.e; the A.Y. 2008-09, 2010-11 and 2012-13 were not justified. Accordingly the same are deleted. - SANJAY SINGHAL V/s DEPUTY CIT - [2020] 80 ITR (TRIB) 117 (ITAT-CHANDIGARH)