ACIT v. Lepro Herbals (P.) Ltd. (2022) 94 ITR 225 /216 TTJ 682 / 215 DTR 233 (Delhi)(Trib.)

S. 143(3) : Assessment-Search-Merely because a hard disk belonging to assessee was found and seized from business premises of assessee, gives no ground for addition to the AO, when no incriminating or corroborative documents have emanated therefrom or otherwise. [S. 132, 292]

Held that no incriminating or corroborative documents were found to establish that expenditure mentioned in seized document is true and correct. There is merit in the finding of the CIT(A), that had there been inflation in expenses or bogus/inflated purchases, then it should have been found during the search proceedings. Further, although, search action took place on 4-2-2010, however, AO has only taken the figure up to September 2009 and nothing has been mentioned regarding the period between 1-10-2009 to 3-2-2010. Also, the assessee has been subjected to sales tax and Excise Duty and no adverse inference is on record to show that there is any difference between the sales and production figures in the audited accounts of the company. In this view of the matter, no infirmity is found in CIT(A)’s order. (AY. 2010-11)