On further appeal to Tribunal by the Department, it was argued by the assessee that as on the date of search, no incriminating material was found against the assessee so to prove that the assessee had received any bogus share capital or share premium as to make addition u/s. 68 of the Act. Further, subsequent to the completion of search, the Investigating Wing made a reference for exchange of information and part information was received from Foreign Tax and Tax Research, CBDT which formed the basis of addition u/s. 68 of the Act. The assessee alleged that such information received post the date of search could not be construed as any incriminating material against the assessee during the course of search. The Tribunal held that the information supplied by the Mauritius Revenue authorities post the date of search could not be treated as incriminating material unearthed during the course of search. Thus, Tribunal held that the invocation of S. 153A by the AO was without any legal basis and no addition could be made against the assessee u/s. 68 of the Act. (ITA No. 6103, 6104/Del/2016)(AY. 2007-08 to 2010-11),ITA No. 3223 & 3224/Del/2016 dated 29.01.2018(ITA No. 453/Del/2016) (AY. 2012-13)