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TMI Blog2021 (3) TMI 1317X X X X Extracts X X X X X X X X Extracts X X X X ..... ce under section 153C of the Act. Whatever tax liability fastened in the hands of both the assessee by the AO is concerned, that stands eliminated by virtue of order of the ld.CIT(A), and those orders have attained finality. Some documents ought to have been recovered which belong to the assessee, only thereafter, cognizance can be taken under section 153C. We do not wish to indulge in academic discussion on the issue raised by the assessees in appeals. However, in case, in future some Misc.Application or otherwise, appeals of the Revenue are revived or restored to their original numbers, then both the assessees will be at liberty to raise this preliminary ground in their respective appeals before the Tribunal in shape of cross objection ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nalysis of cash books and other details at their premises, it was construed that present two assessees have also availed benefit of such entries, and information gathered from the seized material of the searched person, which indicated that such information pertains to or relates to these two assessees. Accordingly, action under section 153C of the Act has taken against the present assessees. 4. Dissatisfied with the assessment orders, both the assessees went in appeals before the first appellate authority. They have challenged jurisdiction of the AO assumed under section 153C of the Act on the ground that requisite addition contemplated under this section are not available in the present case. Therefore, no action under section 153C oug ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cademic issue. There is no tax liability in the hands of the assessee by virtue of taking cognizance under section 153C of the Act. Whatever tax liability fastened in the hands of both the assessee by the AO is concerned, that stands eliminated by virtue of order of the ld.CIT(A), and those orders have attained finality. The ld.counsel for the assessee had submitted that since in the satisfaction note recorded by the AO of the searched person depicts that he made reference to the information which pertains to the assessee, however, the assessment orders involved in the present appeals are concerned, in those years information should belong to the assessee. In other words, some documents ought to have been recovered which belong to the asses ..... X X X X Extracts X X X X X X X X Extracts X X X X
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