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TMI Blog2021 (10) TMI 1147X X X X Extracts X X X X X X X X Extracts X X X X ..... bservation to demonstrate that the additions/disallowances made are with reference to incriminating material found as a result of search. On a specific query from the bench, learned departmental representative while accepting that the assessing officer has not referred to any incriminating material for making additions also could not bring to our notice any incriminating material on record which can be even remotely connected to the additions made by the AO. As per the ratio laid down in case of CIT vs Continental Warehousing Corporation and Another [ 2015 (5) TMI 656 - BOMBAY HIGH COURT] in a case where on the date of search and seizure proceedings the assessment has not abated, no addition can be made in absence of any incriminatin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f Anjaneya Healthcare Ltd. Based on information received from the said search and seizure operation, proceedings under section 153C of the Act were initiated in case of the present assessee. In response to the notices issued under section 153C of the Act for the assessment years under consideration, the assessee filed its returns of income. Assessments under section 153C r.w.s. 143(3) of the Act were completed for the assessment years under dispute by making various additions as under:- A.Y. 2008-09 1. Unexplained cash credits ₹ 2,07,50,000/- 2. Unexplained expenditure ₹ 1,55,625/- A.Y. 2011-12 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 153C r.w.s. 143(3) of the Act, assessee preferred appeals before learned Commissioner (Appeals) inter alia on the ground that in a proceeding initiated under section 153C of the Act, no addition/disallowance can be made in absence of any incriminating material found as a result of search and seizure operation. Accepting the submission of the assessee learned Commissioner (Appeals) held that, since the assessments for the impugned assessment years have not abated, additions, if any, can be made only with reference to incriminating material found as a result of search and seizure operation. Thus, he held that no addition could have been made by the assessing officer in absence of incriminating material found during search. Accordingly, he del ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch can be even remotely connected to the additions made by the assessing officer. As per the ratio laid down by the Hon ble jurisdictional High Court in case of CIT vs Continental Warehousing Corporation and Another 374 ITR 645 (Bom), in a case where on the date of search and seizure proceedings the assessment has not abated, no addition can be made in absence of any incriminating material. There are number of other decisions of different High Courts as well as various benches of the Tribunal expressing similar view. While deleting disputed additions, learned Commissioner (Appeals) has only followed the ratio laid down in the judicial precedents cited before him. Therefore, we do not find any infirmity in the decision of learned Commissione ..... X X X X Extracts X X X X X X X X Extracts X X X X
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