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TMI Blog2024 (7) TMI 972X X X X Extracts X X X X X X X X Extracts X X X X ..... R. Mahadevan, Acting Chief Justice And Hon'ble Mr. Justice Mohammed Shaffiq For the Appellant in both the Appeals : Mr. Karthik Ranganathan For the Respondent in both the Appeals : Mr. N. Muralikumaran Senior Counsel for M/s. McGan Law Firm JUDGMENT HON'BLE ACTING CHIEF JUSTICE Heard Mr.Karthik Ranganathan, learned counsel for the appellant; and Mr.N.Muralikumaran, learned Senior Counsel appearing on behalf of the respondent. 2. These appeals are directed against the order dated 19.12.2018 passed by the Income Tax Appellate Tribunal 'A' Bench, Chennai, in I.T.A.Nos.1055 and 1054/Chny/2018, respectively. 3. The respondent is the assessee and the assessment years involved in these appeals are 2009-2010 and 2011-2012. The appel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al was right in law in holding that the Assessing Officer cannot initiate proceedings under Section 153A of the Income Tax Act where there was no incriminating material found during the course of search operation under Section 132 of the Act? ii. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in accepting the stand of the assessee that the audited tally statement found during search and which formed the basis of search assessment, was filed along with the return of income for the assessment year 2011-12 without appreciating that the said return of income was e-filed and for that assessment year, annexure less return was only envisaged? iii. Whether, on the facts and in the circumstances of the case, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al found during the search, so as to substantiate their claim with regard to the additions made in the assessment orders. The email received from the DCIT, Central Circle-1(4), Chennai, dated 5.7.2024, reads as under: The material is still being traced. The department is putting its sincere efforts to trace the relevant material. The aforesaid stand is taken by the department, despite the fact that the assessment years involved are 2009-2010 and 2011-2012 and the Revenue has accepted before the Tribunal that there are no incriminating materials found during the search. 9. The Apex Court in Principal Commissioner of Income Tax, Central-3 v. Abhisar Buildwell Pvt. Ltd, (2024) 2 SCC 433 , emphatically held that the Assessing Officer would not ..... X X X X Extracts X X X X X X X X Extracts X X X X
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