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2020 (2) TMI 1463

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....Adv For the Respondent : Mr. Agnibesh Sengupta, Adv. Mr. S. Das, Adv. Ms. P. Basu, Adv ORDER The Court : This is an appeal under Section 260A of the Income Tax Act, 1961 against the order of the tribunal dated 5th December, 2018. We have much appreciated the conviction with which learned counsel for the revenue has tried to impress us that we should admit this appeal. The question is wheth....

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....idence whatsoever that cash has been routed from the assessee company to any of these chain of companies. There is no evidence that any cash was deposited by the assessee company. Moreover, there is no material whatsoever brought on record to demonstrate that the alleged cash deposit made in the bank account of a third party was from the assessee company. No opportunity to cross2 examine any these....

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....nducted u/s 132 of the IT Act, 1961, incriminating documents/papers were not seized. At least addition made by AO in the assessment order passed u/s 153A/143(3) are not based of any incriminating documents/papers seized during the search operation. It would also not to be out of context to mention here that in this case, on the date of search, no assessment for this year was pending. Therefore, ke....