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TMI Blog2017 (3) TMI 1783X X X X Extracts X X X X X X X X Extracts X X X X ..... r section 132(4). Admittedly in the present case, that is in the case of the assessee firm in appeal there has been no search. Search admittedly is on the residence of one of the partner of the assessee firm. A perusal of the order of the learned CIT(A) also clearly shows that the learned CIT(A) has cancelled the penalty on the ground that there was no search in the case of the assessee firm. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6 dated 10.08.2016 for the Assessment Year 2014 15. 2. Shri Raviraj Y.V. represented on behalf of the revenue and Shri Prathiba R, Advocate represented on behalf of the assessee. 3. At the time of hearing the learned Departmental Representative submitted that there was a search carried on 18.07.2013 in the case of M/s. Hyderabad Karnatak Education Society (hereinafter in short ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted the levy of penalty holding that the search was not at the premises of the assessee firm but on the residential premises of the partner of the assessee firm and penalty under Section 271AAB could not be levied unless there is a search under section 132 of the Act on the assessee firm. It was submission that the order of the learned CIT(A) was liable to be reversed. 5. In reply learne ..... X X X X Extracts X X X X X X X X Extracts X X X X
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