CIT v. Prabhati Lal Saini. (2018) 401 ITR 228 (Raj) (HC)

S. 45: Capital gains- Search – Additions cannot be made on the basis of statement of third parties, when no incriminating documents were found in the course of search action on the assesse. [ S. 132(4), 158BA ]

Dismissing the appeal of the revenue the Court held that ; the Tribunal held that the search action had not resulted in recovery of incriminating evidence or undisclosed investment in any form including deposits in bank accounts and that an unsigned agreement which was disowned by both parties, not supported by any evidence could not be relied upon to make addition. It further held that an addition could not be made solely on the basis of surrender made during the course of search or survey in the absence of corroborative evidence in support and deleted the addition.