2024 (7) TMI 713

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.... ORDER PER SHAMIM YAHYA, ACCOUNTANT MEMBER : This appeal by the assessee is directed against the order of the ld. CIT (Appeals)-IV, Kanpur dated 19.11.2018 for the assessment year 2013-14. 2. Grounds of appeal taken by the assessee read as under :- "1. On the facts and circumstances of the case, the order passed by the learned CIT (A) is bade both in the eye of law and on the fac....

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.... therefore the addition under Section 153A is not sustainable." 4. On the touchstone of Hon'ble Apex Court decision in the case of NTPC Limited NTPC Ltd. vs. CIT, (1998) 229 ITR 0383 (SC), the above additional ground being purely legal is admitted and has been adjudicated as under. 5. Brief facts of the case are that search and seizure operation under section 132 of the Income-tax Act, 1961 ....

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....(2023) 149 taxmann.com 399 (SC) squarely applies in the facts of the case. This is an unabated assessment and there was no reference to incriminating material to make the addition. Ld. DR for the Revenue could not dispute the above proposition and also could not dispute that there is no incriminating material on which addition is made. In these circumstances, in the background of the aforesaid dis....