Dy. CIT v. Heaven Associates (2023)105 ITR 186/ 154 taxmann.com 595 154 taxmann.com 595 (Ahd) (Trib)

S. 153A : Assessment-Search-Statements of key person and documents found during search-Not constituting incriminating material-Additions made on presumptions and conjectures-Deleted-Undisclosed source-Estimation of profit-Unrecorded sales-No infirmity in books of account-Addition on account of.

Held  that the entire basis for the Assessing Officer was presumption and conjectures and the addition, therefore, was not justified, particularly in the absence of any incriminating material. The Commissioner (Appeals) was correct in holding that the addition on account of undisclosed sale receipts was totally unjustified. Held that the Commissioner (Appeals) and the Tribunal had found no infirmity in the assessee’s books of account and all additions made by the Assessing Officer on account of unsecured loans and unaccounted sales had been deleted. In the absence of any infirmity, there was no reason to reject the book results and make an estimation of the net profit rate. Accordingly, the addition made on account of the net profit was directed to be deleted.(AY. 2012-13 to 2014-15)