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It is pertinent to note that there is no incriminating material shown by the Assessing Officer upon which the addition was made. In fact, the seized ledger accounts pertains to A.Y. 2011-12 only and therefore the said material cannot be held against the assessee for A.Y. 2012-13 and also cannot be termed as incriminating material. While making the additions on these documents, the Assessing Officer has not specifically pointed out that these expense but has disallowed all these expenses only on ad-hoc basis which is not permissible under the Income Tax Act. Therefore, the additions made itself does not have any foundation as such. Thus, the appeal of the Revenue does not sustain. In result, appeal being ITA No. 4292/Del/2016 filed by the Revenue is dismissed. 15. In result, appeal of the assessee is allowed and appeal of the Revenue is dismissed.

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Sec. 147 of Income Tax Act, 1961— Re-assessment —SHARUK PASSI vs. Deputy CIT.[2020] 23 ITCD Online 128 (ITAT-DELHI)