2024 (6) TMI 1026

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..... e-integra that provisions of section 153C of the Act can be invoked only if any incriminating material seized during the course of search action pertain to that particular assessment year. [Re. CIT vs Sinhgad Technical Education Society [ 2017 (8) TMI 1298 - SUPREME COURT] DR could not controvert the findings of the CIT(A), hence, we find no infirmity in the impugned order. In the result, impugned order is upheld and appeal of the Revenue is dismissed. - Shri Vikas Awasthy, Judicial Member And Shri Avdhesh Kumar Mishra, Accountant Member For the Appellant : Shri Dharmveer Singh, CIT(DR) For the Respondent : Shri Vikas Jain, Advocate ORDER PER VIKAS AWASTHY, JM: This appeal by the Revenue is directed against the order of Commissioner of In .....

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..... transactions reflected in the seized document is not recorded in the books of account. In the first instance, there is no incriminating material, secondly, there is no evidence that whatever material is on record, the transactions are not recorded in the books of account. 4. We have heard the submissions made by rival sides and have examined the orders of authorities below. This appeal emanates from the assessment order passed consequent to the directions of the Tribunal in ITA No. 6415/Del/2013 (supra). In the first round of appeal by the Department and the cross objections by the assessee, the Tribunal restored the issue back to the file of AO with following directions: 9.2 Considering the facts of the case and the arguments of both the .....

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..... validly continue in the light of the above decision of Hon ble Jurisdictional High Court. 5. The above directions are specific with regard to seized documents belonging to the relevant year and the transaction reflected in the seized documents not recorded in the books of account. In the instant case, we find that the AO, while passing the consequent order, has nowhere in the order specified that the documents seized belong to the assessment year under appeal and the transactions, reflected in the seized documents are not recorded in the books of account of assessee. The First Appellate Authority in the impugned order has observed as under: Under the circumstances I am of the view that the AO was not justified in assuming jurisdiction u/s. .....

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