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2007 (7) TMI 12

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..... - I.T.A. No. 761 of 2007 - - - Dated:- 13-7-2007 - JUDGMENT 1 The assessee is aggrieved by an order dated October 20, 2004, passed by the Income-tax Appellate Tribunal, Delhi Bench "E", New Delhi in I. T. A. (SS) No. 321/D12002 relevant for the block assessment period April 1, 1986, to March 31, 1997. 2 It appears that a search and seizure operation was conducted in respect of the pre .....

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..... ount of the assessee, which were available before the Assessing Officer at the time of making the regular assessment. 4 Notwithstanding this, when the matter was listed in this court on May 22, 2006, the Division Bench heard the matter at some length and thereafter learned counsel for the Revenue took time to verify whether any material or document had been found in the course of search to war .....

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..... fore the Tribunal and nothing has been produced before us. It is quite clear that there is no reason to doubt the finding of fact arrived at by the Tribunal that there is no other material that was seized other than what has been mentioned in the panchnama. It is clear that the Assessing Officer relied on some non-existent material. 7 Under the circumstances, we find that no substantial questi .....

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