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TMI Blog2023 (4) TMI 183X X X X Extracts X X X X X X X X Extracts X X X X ..... ed the relief to the assessee on the technical ground that the incriminating material does not pertain to the year under consideration and had refrained from deciding the grounds on merit. As we have decided the legal ground against the assessee and in favour of the revenue, therefore, we deem it appropriate to direct the Ld.CIT(A) to decide the remaining grounds of appeal on merits. Accordingly , the appeal of the Revenue is allowed for statistical purposes. - ITA. No. 1108/Hyd/2018 - - - Dated:- 7-3-2023 - Shri Rama Kanta Panda , Accountant Member And Shri Laliet Kumar , Judicial Member For the Assessee : Sri K. C. Devdas . For the Revenue : Sri Jeevan Lal Lavidiya ORDER Per Shri Laliet Kumar , J. M. The captione ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ue to various circumstantial evidences. Therefore, declaring entire proceeding as null and void is not correct and hence there is a perversity in the order of the Ld.CIT(A). 4. Whether on the facts and circumstances of the case, the reliance of Ld.CIT(A) in the case of Singhad Technical Education Society is correct when the incriminating document has a bearing for all assessment years, even though the same was accepted by the assessee in submissions filed before the CIT(A) which is part of the impugned assessment order. Hence there is factual inaccuracy in the order of the CIT(A). 5. Whether on the facts and circumstances of the case, and in law, the Ld.CIT(A) failed to appreciate the judgement in the case of E.N. Gopakumar [390 I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e assessing officer, Revenue filed appeal before the Ld. CIT(A), who allowed the appeal of assessee by holding as under : 7. The issues raised by the appellant are two fold. One is, whether there is due satisfaction as required u/s 153C for initiation of the proceedings and two, whether the assessment completed u/s 143(3) r.w.s. 153C is tenable, as no addition emanating from or connected with the material seized has been made. 8. I have perused the material relied on by the Assessing Officer in recording the satisfactory note as recorded by the Assessing Officer. The document relied upon above is an MOU dt.22.02.2007 between M/s.Indiareit Fund Scheme(IFS)-1, Sri.P.Amruth Prasad, Sri.Uppu Srinivas and the appellant company w.r.t th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case of Singhad Technical Education Society dated 28.09.2017. The assessment made accordingly, held to be not validly initiated and are quashed. 4. Feeling aggrieved by the order passed by the Ld. CIT(A), the Revenue is in appeal before us on the grounds mentioned herein above. 5. At the outset, ld. DR had drawn our attention to Paras 7 to 10 of the order of the ld.CIT(A) whereby the ld.CIT(A) had deleted the addition made by the Assessing Officer on the pretext that there is violation of section 153C of the Act and ld.CIT(A) after relying upon the decision of Hon'ble Supreme Court in the case of Singhad Technical Education Society had deleted the addition holding that there was improper exercising of powers u/s 153C of the Act ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ever, from the perusal of Memorandum of Understanding dt.22.02.2007, it is abundantly clear that the MOU was spread over to various years including A.Y. 2010-11 before us. Therefore, the findings recorded by the ld.CIT(A) is non-est and against the record. In view of the above, we are of the opinion that the order of the Ld. CIT(A) is required to be set aside as being contrary to facts on record. In the present case the Ld. CIT(A) had granted the relief to the assessee on the technical ground that the incriminating material does not pertain to the year under consideration and had refrained from deciding the grounds on merit. As we have decided the legal ground against the assessee and in favour of the revenue, therefore, we deem it appropri ..... X X X X Extracts X X X X X X X X Extracts X X X X
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