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4.1. The ld. A/R further submitted that the AO in the order referred to one instance of 'on money' found in the cloud data of N. Trading Company and computed the 'on money' in respect of all transactions by presuming that the assessee has received 'on money' in all the cases. However, these books belong to MBDL and not to the assessee. It is a settled law that in search assessment u/s 153A / 153C, addition can be made only in respect of transactions for which incriminating evidences are found. The same can't be interpolated to all the transactions. For this reliance is placed on the decision of Gujarat High Court in case of CIT Vs. Amar Corporation 2012 (7) TMI 983. In this case papers relating to receipt of 'on money' was found in respect of one flat and on that basis 'on money' was calculated for all the flats in that project. The ld. A/R submitted that the Hon'ble ITAT restricted the addition only in respect of that flat for which evidence of 'on money' receipt was ITA Nos. 1302 & 1303/JO/2019 Shiv Shakti Developers, Jaipur.

4.3. The ld. A/R supported the order of the ld. CIT (A) and submitted that in view of the facts narrated above, order of Ld. CIT(A) be upheld by dismissing the ground of department.

5. We have heard the ld. Counsels for both the parties, perused the materials placed on record, deliberated upon the judgments cited by both the parties as well as the orders passed by the Revenue authorities. From the facts of the case, we note that the AO on the basis of one transaction of receipt of on money in respect of Unit No.605 found in the cloud data of N. Trading Company computed the average rate of flat for assessment year 2015-16 at Rs.6655 per sq. ft. and applying cost inflation index worked out average selling price of flat for assessment year 2016-17 at Rs.7025.47 sq. ft. and on that basis determined the on money receipt at Rs.3,97,44,689/-. However, for the assessment year 2017-18, the AO held that advance against booking disclosed by assessee is Rs.2,56,16,102/- but by estimating average on money receipt at 40% he made addition on account of on money receipt ITA Nos. 1302 & 1303/JO/2019 Shiv Shakti Developers, Jaipur.