Addition based on Post Search Enquiries invalid if no Incriminating Material found During Search

Mahalaxmi Buildwell India Pvt. Ltd. Vs DCIT (ITAT Delhi)

We find, the AO, in the instant case, has made addition of Rs.17,15,113/- for assessment year 2009-10 and Rs.30 lacs for assessment year 2010-11 in the orders passed u/s 153A r.w. section 143(3). A perusal of the assessment order shows that the addition of Rs.16,77,983/- out of the total addition of Rs.17,15,110/- for A.Y. 2009-10 and Rs.30 lacs in A.Y. 2010-11 is not based on any incriminating material found during the course of search. The addition has been made on the basis of post search enqui

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