Special Audit Report commissioned subsequent to search cannot be treated as incriminating evidence

PCIT Vs Abhisar Buildwell P. Ltd (Delhi High Court) Learned counsel for the Revenue repeated the submission made before the ITAT viz., that the report of Special Audit should be treated as incriminating evidence. Clearly the report of the Special Auditor, having been commissioned subsequent to the search, and during the assessment proceedings against DSL, cannot obviously be treated as incriminating material qua the Assessee, recovered during the course of search, in order to justify the addition made in the assessment under Section 153A of the Act. In the instant case, on the date of search, ...