9911796707
TMI Blog2024 (3) TMI 1339X X X X Extracts X X X X X X X X Extracts X X X X ..... with the Developer Company in the premises of whom the search was conducted - excel sheet, according to the learned Counsel for the Revenue, contained the details of payment made by the assessee to the developer, with respect to which tax had been paid by the developer before the Settlement Commissioner HELD THAT:- There is no basis for conducting proceedings against the assessee merely for the fa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gs under Section 153C stood vitiated. No substantial question of law arises to entertain this appeal. - Honourable The Chief Justice Mrs. Justice Sunita Agarwal And Honourable Mr. Justice Aniruddha P. Mayee For the Appellant No. 1 : Mr. Varun K. Patel (3802), Mr. Dev Patel. For the Opponent No. 1 : None. ORAL ORDER PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL 1. Having noted th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The findings returned by the CITA and ITAT on the issue is sought to be assailed on the ground that the payment of tax by the developer, in whose premises search was conducted, before the Settlement Commissioner, with respect to the amount entered in the excel sheet found from the possession of the assistant working with the developer, is sufficient proof of the transaction between the assessee an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee. The statements of the persons recorded during search with reference to the alleged, seized material, was not provided to the assessee and hence, the entire proceedings under Section 153C of the IT Act of 1961 stood vitiated. 4 Learned Counsel for the petitioner could not successfully demolish the facts, which are recorded concurrently by the CITA and ITAT. 5. No question of law much les ..... X X X X Extracts X X X X X X X X Extracts X X X X
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