ACIT v. Dingle Buildons Pvt. Ltd. (2018) 52 CCH 73 / 62 ITR 161 (Delhi)(Trib.)

S. 153A : Assessment–Search-Additions made by AO were beyond scopebecause no incriminating material or evidence was found during course of search so as to doubt-Action of AO was based upon conjectures and surmises and hence, addition made was not sustainable in eyes of law [S. 132 , 143(3)]

Tribunal held that additions made by AO were beyond scope of S. 153C, because no incriminating material or evidence was found during course of search so as to doubt. In entire assessment order, AO had not referred to any seized material or other material for year under consideration having being found during course of search in case of assessee, leave alone question of any incriminating material for year under appeal. Action of AO was based upon conjectures and surmises and hence, addition made was not sustainable in eyes of law. (AY .2009 – 2010 ,2010 – 2011)