2019 (4) TMI 1811

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....in not appreciating the provisions of section 153A of the IT. Act which requires the total income to be brought under tax without any restrictions. 2. On the facts and in the circumstances of the case and in law, the Ld. CIT(A) has erred in law and/or on facts in holding that such assessment or reassessment u/s 153A is to be restricted only to the incriminating materials found during the search. 3. On the facts and in the circumstances of the case and in law, the Ld. CIT(A) has erred in holding that as the ground on legality of additions is allowed, the other grounds on merits are considered not necessary to be adjudicated as the same are purely academic. 4. On the facts and in the circumstances of the case and in law, the Ld. CIT(....

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....ion basis. When all the criteria of sec 68 which included identity, creditworthiness and genuineness were proved and the party had also appeared and confirmed the transaction and interest was also paid during the year, then the AO should not have doubted the transaction. 3. But ld. A.O. was not convinced with the plea of the assessee and made addition of Rs. 7,93, 94,849/-. 4. Thereafter, assessee preferred first statutory appeal before the ld. CIT(A) who partly allowed the appeal of the assessee. 5. We have gone through the relevant record and impugned order. In this case, a search was conducted on 20.05.2013 and proceedings were initiated u/s. 153A and during the search no incriminating document was found and seized and during the a....