9911796707
TMI Blog2024 (6) TMI 261X X X X Extracts X X X X X X X X Extracts X X X X ..... at the incriminating/seized document pertains to F.Y. 2010-11 relevant to A.Y 2011-12. A.Y before us is A.Y 2013-14 and it can be safely concluded that no incriminating material was found pertaining to A.Y 2013-14 basis which the assessment could have been framed. The ratio laid down in the case of Singhad Technical Education Society [ 2017 (8) TMI 1298 - SUPREME COURT] squarely applies wherein th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Delhi dated 13.11.2017 pertaining to A.Y. 2013-14. 2. The grievances of the assessee read as under: 1. The order of the Hon ble Commissioner of Income Tax (A) is arbitrary, against law and facts on record. 2 The Hon ble Commissioner of Income Tax (A) has failed to consider that the issuance of notices u/s 153CI 142(1)/143(2) of the Income Tax Act, 1961 by the learned Assessing officer and the pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... und and as such addition made by the Assessing officer while passing the order u/s 153CI 143(3) is against the provision contained in the Income Tax Act, 1961. 5. The Hon ble Commissioner of Income Tax (A) officer while confirming the addition made on protective basis has failed to consider that the substantive addition made in the hands of companies of J P Minda group has been deleted by Hon' ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for the assessee and placed strong reliance on the orders of the authorities below. 6. We have carefully considered the orders of the authorities below and have gone through the relevant material on record. 7. Briefly stated, the facts of the case are that search and seizure operation u/s 132 of the Income-tax Act, 1961 [the Act, for short] was conducted in Minda Group of cases on 20.09.2013. Duri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te incriminating material to frame assessment. This has been reaffirmed by the Hon'ble Supreme Court in the case of Abhisar Buildwell Pvt Ltd 454 ITR 212. 11. In light of the satisfaction note [supra] and the ratio laid down by the Hon'ble Supreme Court [supra], we are of the considered view that the impugned assessment order cannot stand on its own legs and hence quashed. 12. Since we hav ..... X X X X Extracts X X X X X X X X Extracts X X X X
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