S. 153A : Assessment-Search-HSBC Bank Geneva-No addition can be made without any incriminating documents seized in the Course of Search-When the information is not provided by Swiss Competent Authority- No addition can be made as undisclosed asset in Swiss Account- Addition was deleted-Penalty was quashed-DTAA-India-France. [S.90, 132(4), 153B(1)(a), Art.26]

The Hon’ble Delhi ITAT held that the Swiss Competent Authority vide letter dated June 26, 2015 addressed to the Government of India specifically mentioned that information as required could be provided from F.Y. 2011-2012, thus the prior years are not covered by temporal scope of Article 26 of the Amended Double Taxation Avoidance Agreement between India and Switzerland. Therefore, such information could be provided from April 01, 2011, and no such information could be provided prior to April 01, 2011. Therefore, Swiss Authorities have not provided any information to Revenue Authorities in India about assessee’s bank account with HSBC, Geneva, Switzerland for assessment years under appeals i.e., A.Ys. 2006-2007 to 2011-2012. Thus, there is no incriminating material available on record to make any addition in any assessment years.