Affirming the order of the CIT(A) the Tribunal held that addition only on basis of Pen Drive seized from third party. Department failing to establish any connection either business or personal of assessee with third party an no efforts to summon third party. No incriminating material found during search. Accordingly deletion of addition is held to be valid. (AY. 2010-11)
Dy.CIT v. Mahesh Bansal (2020) 77 ITR 205 / 190 DTR 438/204 TTJ 773 (Indore)(Trib.)
S. 153C : Assessment-Income of any other person-Search-Addition only on basis of Pen Drive seized from third party-Department failing to establish any connection either business or personal of assessee with third party-No efforts to summon third party-No Incriminating material found during search-Addition is not valid. [S. 68, 132]