Allowing the appeal of the assesse the Tribunal held that the addition u/s 68 of share capital and share premium as unexplained cash credit, during search and seizure proceedings u/s 132, was not based on incriminating material. The statements recorded u/s 132(4) could not constitute as incriminating material. Hence, in the absence of any such incriminating material additions made by the ld. CIT(A) in the 153A proceedings, would be void ab-initio. Followed PCIT v. Lata Jain (2016) 384 ITR 543 ( Delhi) (HC). ( AY.2013-14)
Hindustan Aqua Ltd. v. ACIT (2018) 195 TTJ 76 (Delhi) (Trib) Moon Beverages Ltd v. ACIT ( 2018) 195 TTJ 76 ( Delhi ) (Trib)
S. 153A : Assessment – Search- Share Capital and Share premium – Statement recorded- No incriminating material was found in the course of search – Order is bad in law . [S. 68,132,132(4) ]