Based on a survey operation conducted under section 133A on a developer, namely OHM, the AO  held  that there was a draft sale deed between assessee and developer which was reported less/short by assessee. Based on such information, reassessment proceedings was initiated. Assessee sought for a copy of application filed by developer before Settlement Commission admitting that it had invested certain amount of unaccounted income on purchase of property along with order passed by Settlement Commission. However, same was denied on ground that it was confidential information of third party and subsequently additions on account of unaccounted income on purchase of property were made in assessee’s total income. Held that  draft sale deed based on which additions were made was never signed by assessee and therefore had no credence.  It was further noted that admission before Settlement Commission made by third party could not be used against assessee until and unless same was provided to assessee for confrontation. Since application made by developer did not establish fact that assessee had received unaccounted payment which was liable to be taxed, impugned additions made were to be deleted. (AY. 2015-16)