TaxTMI 
TaxTMI 
2011 (4) TMI 1162
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....Tribunal, the Revenue is on appeal. It is seen from the order of the Tribunal that on the search conducted in the case of H. Anraj and group on November 25, 2003, materials pertaining to "on-money" payment paid to the assessee in respect of property purchased from the assessee were seized. Based on that, the Assessing Officer issued a notice under section 153C of the Income-tax Act, 1961. In the a....
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....ing up the assessment under section 153C of the Act the assessment suffered the total lack of jurisdiction. Consequently, any decision on the merits of the assessment with reference to the sale consideration would be an academic exercise only. Thus, the Commissioner of Income-tax (Appeals) allowed the appeal by holding that there was no valid assumption of jurisdiction under section 153C of the Ac....
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....ized materials, the same were not furnished. It is further pointed out in the order of the Tribunal that the Assessing Officer took steps to secure the seized materials only when the assessee sought for inspection of the material. Thus, the Tribunal came to the conclusion that in the absence of the seized materials obtained from the investigating officials the assumption of jurisdiction under auct....
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....while issuing the notice under section 153C of the Act. Further, the Tribunal committed an error in deciding the jurisdictional issue when the assessee participated in the assessment proceedings without challenging the jurisdiction. 4. As already pointed out, the order of the Commissioner of Income-tax (Appeals) gives the details of proceedings before the officer concerned who issued the....