In absence of any incriminating material found in the search,...

In absence of any incriminating material found in the search, mere reliance on a statement recorded u/s 132(4) and a higher net profit in a later year was held insufficient to enhance the returned profit; the estimated net profit rate of 11% was set aside and the returned profit was directed to be accepted. Addition u/s 56(2)(vii)(b) for alleged undervaluation of immovable property was held unsustainable due to non-speaking rejection of the explanation and an erroneous valuation basis; the addition was deleted. Approval for post-search reassessment was found mechanical and vitiated, and jurisdiction u/s 147/148 was held invalid absent "reasons to believe" founded on incriminating material; the assessment was annulled, with consequential deletions/reliefs including gift and agricultural income issues and allowance u/s 54F. - ITAT

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