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TMI Blog2019 (11) TMI 875X X X X Extracts X X X X X X X X Extracts X X X X ..... r document being found during the course of the search. As further noticed that even no such incriminating material or document has been referred to by the Assessing Officer during the course of the search while completing Assessment. The order passed by the Assessing Officer has been passed in contravention of the law laid down by the Hon ble Supreme Court in the case of M/s. Calcutta Kintwears [ 2014 (4) TMI 33 - SUPREME COURT ]. Therefore, the appeal preferred by the Assessee was rightly allowed by the CIT (Appeals) and the appeal preferred by the Revenue was rightly dismissed by the Income Tax Appellate Tribunal. - MR.ALOK ARADHE AND MR. P.G.M. PATIL JJ. APPELLANTS (BY SRI. Y.V. RAVIRAJ, ADVOCATE) RESPONDENT (BY SRI. SANGRAM S. KULKAR ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt to the note dated 06.01.2014, submitted that on perusal of the aforesaid note it is evident that the conditions, prescribed under Section 153C of the Act, were satisfied by the Assessing Officer. However, aforesaid fact has not been appreciated either by the Commissioner of Income Tax or by the Income Tax Appellate Tribunal. 7. On the other hand, the learned counsel for the assessee has supported the order passed by the Tribunal and has placed reliance on the decision of the Hon ble Supreme Court in the case of Commissioner of Income Tax III versus M/s.Calcutta Knitwears, Ludhiana rendered in Civil Appeal No.3958 of 2014 on 12th March, 1947 as well as the judgment of this Court in ITA No.528/2014 c/w ITA Nos.529/2014, 530/2014 and 531/20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of January, 2014. The aforesaid assessment note nowhere satisfies the requirements referred to, in the preceding paragraph. Before the Tribunal, the Revenue could not adduce any cogent material or evidence to prove that the addition in all the assessment years was made in the case of Assessee in the Assessment completed under Section 144 read with section 153C of the Act on the basis of any incriminating material or document being found during the course of the search. It is further noticed that even no such incriminating material or document has been referred to by the Assessing Officer during the course of the search while completing Assessment. The order passed by the Assessing Officer has been passed in contravention of the law laid dow ..... X X X X Extracts X X X X X X X X Extracts X X X X
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