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TMI Blog2022 (5) TMI 1342X X X X Extracts X X X X X X X X Extracts X X X X ..... that on the given facts of the case, the ratio laid down by the Hon'ble Supreme Court in the case of Singhad Technical Education [ 2017 (8) TMI 1298 - SUPREME COURT ] squarely apply wherein the Hon'ble Supreme Court has held that the nexus between issue of notice u/s 153C of the Act and incriminating material found as a result of search must exist. - Decided against revenue. - ITA No ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l seized during the search operations constituted incriminating material for the purpose of the issue of notice u/s 153C in the context of assessee. 2. Whether on facts and circumstances of the case and in law, the Ld. CIT(A) erred in law while holding that there was no incriminating material for the issuance of notice u/s 153C, without appreciating that while recording the satisfaction for i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the relevant facts circumstances and misread the provisions of section 153C to arrive at the conclusion. The order of the CIT(A), therefore, suffers from perversity in view of the ratio of decision in case of Vijay Kumar Talwar 330ITR 1(SC), Sudarshan Silk Sarees 300ITR 205(SC). 5. The order of the Ld CIT(A) is erroneous in law and on facts of the case and is liable to be set aside and th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6. Additions were challenged before the ld. CIT(A) claiming that the additions are devoid of any reference to incriminating material found during the course of search and, therefore, the ratio laid down by the Hon'ble Supreme Court in the case of Singhad Technical Education Society 397 ITR 343 squarely apply. 7. After considering the facts and submissions, the ld. CIT(A) was convinced th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court in the case of Singhad Technical Education 397 ITR 343 squarely apply wherein the Hon'ble Supreme Court has held that the nexus between issue of notice u/s 153C of the Act and incriminating material found as a result of search must exist. 11. Considering the facts of the case in light of the ratio laid down by the Hon'ble Supreme Court, we decline to interfere with the findings of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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