Document not found during search on assessee cannot be subject matter for addition -section 153A

DCIT Vs Vikas Jain (ITAT Delhi)

Apparently, it appears that the seized document was found at a place other than the place where the search on the assessee has been carried out. Thus, in these circumstances, it cannot be said that this document was found in possession or control of the assessee. If that be so, then the presumption under section 132(4A) will not be available. Further, in case such document was not found in the course of the search on the assessee then the same cannot be the subject matter for addition in assessment proceeding under Please become a Premium member. If you are already a Premium member, login here to access the full content.