CIT v. Manoj Hora. (2018) 402 ITR 175 (Delhi) (HC)

S. 153A : Assessment – Search-Merely on the basis of third party statement without any incriminating evidence addition was held to be not justified [ S. 132 (4) ]

Dismissing the appeal of the revenue the Court held that ; the statement under S. 132(4) could not bind the assessee. According to S.132(4) a presumption arose in the case of the searched party. In the case of statements by the party whose premises were searched, or attributed to a third party, there had to be a connect or corroboration and there was none in the case of the assessee. No incriminating material was found in the premises of the assessee. The addition made by the Assessing Officer was unsustainable.