2022 (4) TMI 1643

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.... Respondent : None ORDER 1. This is an appeal by the Revenue against the order dated 19th April, 2018 passed by the Income Tax Appellate Tribunal, Cuttack Bench, Cuttack (ITAT) in IT (SS) A No.40/CTK/2018 for the Assessment Year (AY) 2008-09. 2. The questions sought to be urged by the Revenue in the present appeal whether the ITAT was right in deleting the additions made by the Assessing ....

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....e fact that capital gains offered in the return of income filed by the Assessee was assessed for tax in the AY 2009-10. The search was conducted on 12th December, 2013 but for the AY 2009-10 itself no incriminating materials was found during the course of search. The ITAT has correctly concluded that under Section 153A of the IT Act, additions could be made only on the basis of incriminating mater....