9911796707
TMI Blog2016 (12) TMI 808X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee firm was not having any office at that address at that point of time and hence, in our considered opinion, at least after knowing this fact at the time of search, the department should have conducted search at the correct address of the assessee if the department wanted to search the assessee after finding out the present address of the assessee and after obtaining search warrant for that address. The department carried out the search at the old address only although the new address was brought on record by the assessee by filing return of income for A. Y. 2010 – 11 on 15.10.2010 and the search was conducted on 10.12.2010 i.e. after almost two months. Considering these facts, we hold that the present assessment orders are null and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rder. He also submitted that the Income Tax Return of the assessee firm for A. Y. 2010 - 11 was filed on 15.10.2010 as per copy of return available on page 130 of the paper book. Thereafter, he submitted that on page 1 of the assessment order, the A.O. has noted that the search in question was carried out on 10.12.2010 on the strength of search warrant dated 09.12.2010 in the case of Shri K. M. Viswanath Group of cases. Thereafter, he submitted that the sworn statement dated 10.12.2010 of Mr. S. Sreenivas Murthy is available on pages 259 to 262 of the paper book and in reply to question no. 3 about names of concerns which are carrying out business from the searched premises, he stated that presently only one concern M/s K. M. Parvathamma is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re no such facts and therefore this tribunal order is not applicable in the present case. She also submitted that after carrying out of a valid search, invocation of section 153A by the A.O. is valid and the assessee in the present case has not been able to establish that no valid search was conducted against the assessee. 4. We have considered the rival submissions and perused the materials on record and gone through the judgment cited by the learned AR of the assessee. There is no dispute that if a valid search is conducted against the assessee, invocation of section 153A by the A.O. is valid. Hence, we have to examine as to whether the search conducted at 18/35, Second Link Road, Parvathinagar, Bellary is a valid search against the asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , under these facts, the tribunal order rendered in the case of J. M. Trading Corpn. Vs. ACIT (Supra) is squarely applicable. The objection of the learned DR of the revenue is this that the searched premises in that case were let out to a different company in that case and rental income was offered to tax and so assessed and since in the present case, there is no such let out, this tribunal order is not applicable. In this regard, we are of the considered opinion that the real basis of that tribunal order is this that the searched premises in that case were not in occupation of the assessee and for this reason, it was held that the search at that premises was not a search conducted against the assessee. The basis of establishing that the se ..... X X X X Extracts X X X X X X X X Extracts X X X X
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