In absence of incriminating material Assessment U/s. 153A is without jurisdiction and additions are not sustainable

SVIL Mines Ltd. Vs DCIT (ITAT Delhi)

We find that the additions made by the assessing officer are beyond the scope of section 153A of the Income Tax Act, 1961, because no incriminating material or evidence had been found during the course of search so as to doubt the transactions. It was noted that in the entire assessment order, the assessing officer has not referred to any seized material or other material for the year under consideration having being found during the course of search in the case of assessee, leave alone the question of any incriminating material

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