Assessee was subjected to a search under section 132.Assessing Officer on basis of an unsigned agreement to sell, which was unearthed during course of search, made an addition to assessee’s income under head income from other sources on account of unexplained investment in plot of land. CIT(A) up held the addition. On appeal the Tribunal held that   alleged agreement relied upon by Assessing Officer was admittedly unsigned and unregistered and, therefore, could not be regarded as a legally enforceable document. No registry was ever executed pursuant thereto, nor was any corroborative evidence brought on record to establish transfer of ownership or actual flow of consideration. Property, as evidenced from electricity bills and purchase invoices, continued to remain in the name of the seller. Further, the Assessing Officer neither conducted any independent inquiry from said owner nor afforded any opportunity of cross-examination to assessee. Accordingly, no addition can be made merely based on an unsigned or draft agreement to sell, especially where no investigation has been conducted by the department. Accordingly, the addition was deleted. (AY. 2017-18)