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TMI Blog2023 (12) TMI 588X X X X Extracts X X X X X X X X Extracts X X X X ..... to assessment year 2010-11 is barred by limitation on the basis of search and seizure held on 13th April, 2019 - HELD THAT:- Income Tax Authority could not satisfy with his submission or from record that any incriminating documents or materials were found against the petitioner in course of search and seizure in question or that the impugned assessment proceeding has been initiated before the exp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... titioner has challenged the impugned initiation of assessment proceeding under Section 153A of the Income Tax Act, 1961 and the notice under Section 142(1) issued in course of aforesaid impugned proceeding relating to assessment year 2010-11 mainly on two grounds; firstly that the criteria for initiating proceeding under Section 153A of the Act has not been fulfilled since no incriminating documen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ainst the aforesaid allegation of the petitioner that no incriminating documents/materials were found by the Authority against the petitioner in course of search and seizure in question rather respondents Income Tax Authority concerned justifies its action by relying on the documents and materials which were already available before it, much before conducting search and seizure in question. So fa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or materials were found against the petitioner in course of search and seizure in question or that the impugned assessment proceeding has been initiated before the expiry of limitation as provided under Section 153A explanation 1 of the Income Tax Act, 1961 and he also could not distinguish both the aforesaid judgments upon which Mr. Mazumder has relied either on facts or law. Considering the fac ..... X X X X Extracts X X X X X X X X Extracts X X X X
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