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TMI Blog2022 (7) TMI 327X X X X Extracts X X X X X X X X Extracts X X X X ..... 2006 - 2007 u/s.153C read with section 153A of the Income Tax Act, 1961 (hereinafter "the Act") vide order dated 26.03.2014. 2. The first issue in this appeal of the Revenue is as regards to the order the Commissioner of the Income Tax (Appeals) in holding that the assessment framed u/s.143C of the Act is without jurisdiction, as there is no search material or incriminating material found during the search pertaining to the Assessee for this assessment year. For this, the Revenue has raised Ground Nos.2.1 to 2.4 reproduced as under: "2.1 The learned CIT(A) erred in holding that the Assessing Officer cannot acquire jurisdiction u/s.153C of the Income Tax Act, 1961 even though the documents pertaining to the Assessee were seized from the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .06.2011 at the business and residential premises of the Platinum Group of cases to which the Assessee also belongs. The Assessee deals in real estate and earns rental income also. Shri M. Sukumar Reddy is the 'Karta' of the HUF. The Assessing Officer issued notice u/s.153C of the Act dated 09.01.2013 asking the Assessee to furnish return of income for the Assessment Year 2006 - 2007 and for this he noted the following reasons in the notice reproduced, as under: "2. On examination of the seized material, I, as the Assessing Officer in the above case, am satisfied that out of the aforesaid, the following seized materials belong to you: Documents belonging to Shri Sukumar Reddy [HUF] were seized vide ANN/AH/B&D/S-1 and ANN/AH/B&D/S-9 and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sment years. 4.1.8 The above document which apparently formed the satisfaction for the Assessing Officer is the "registered sale deed" dated 20.12.2010 pertaining to the Assessee's purchase of property in Financial Year 2010-11 (i.e. A.Y.2011-12). Therefore, if this document, in the opinion of the Assessing Officer, is an incriminating material and has a bearing on the determination of total income of the Assessee, then the Assessing Officer will acquire jurisdiction to issue a notice u/s.153C, only for the relevant assessment year (i.e.A.Y.2011-12). Since, the above document does not belong to any other assessment year, nor has any bearing for any other assessment year(s), atleast to the satisfaction of the Assessing Officer, the said do ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e relied on the assessment order only. 7. We noted that only the document seized relates to the Assessment Year 2011 - 2012 that is the 'sale deed' as noted in the above paragraph No.3. Apart from this, there is no incriminating material or seized material found by the Department during the course of search at the business and residential premises of the Assessee. We are of the view that once there is no incriminating material found during the course of search, then the Assessing Officer cannot exercise any power u/s.153C r.w.s.153A of the Act because the power u/s.153A being not accepted, to be exercised redundantly, but the same should be exercised if the search reveals any incriminating material. Hon'ble Bombay High Court in the case of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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