The search action carried out at the premises of one Lodha  group.  Books of accounts, documents, loose sheets  and the cash were seized.  Statement on oath u/s 132(4) of the Act of Shri Abbhinandan Lodha  of Lodha  group was recorded wherein voluntary disclosure of income Rs. 199.80 Crores was made in the hands of various entities of Lodha Group including the assessee Company. Subsequently, the statements of other employees of Lodha Group were also recorded.  The assessee is in the business of development and construction of real estate, a limited Company, being an artificial judicial person having its separate identity. The Hon’ble ITAT found that there is no mention to any specific material seized from the premises of Lodha Group corresponding to the assessment year under reference, belong to the assessee Company.  The statements recorded of various persons are neither the employees nor the Director of the assessee Company. The term Lodha  Group cannot be used against the assessee Company without identifying the specific material belonging to   Following the decision of in the case of CIT v. Sinhgad Technical Education Society  (2017) 297 CTR 441 / 156 DTR 161 (SC) the assessment completed u/s 153C is set aside. Tribunal also held that the statement of the persons of Lodha Group was based on the electronically retrieved data and the provisions of section 65A of the Evidence Act and  Information Technology Act, 2000 are not complied with, addition were  deleted.  (AY. 2011-12)