TaxTMI 
TaxTMI 
2016 (12) TMI 861
X X X X Extracts X X X X
X X X X Extracts X X X X
....ay of this common order. 2. In these appeals, the assessee has raised the following original/ revised grounds: - 2.1 For A.Y. 2006-07 "1) On the facts and in the circumstances of the case, the Learned Assessing Officer erred in assuming jurisdiction U/s.153A of the Income Tax Act and consequently passing the Order U/s 143(3) read with Section 153A. 2) On the facts and in the circumstances of the case, the Learned Commissioner of Income Tax (Appeals) erred in confirming the addition of Rs. 5,43,000/- U/s. 68 without appreciating that the same was duly explained by the Cash Book filed during the assessment proceedings." 2.2.1 For A.Y. 2007-08 (Revised) "1. On the facts and in the circumstances of the case, ....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... section 143(3) r.w.s. 153A of the Act. This ground is accordingly admitted for consideration and adjudication in this appeal. We have accordingly heard these appeals on this ground No. 1. 3. Ground No. 1 (for both assessment years 2006-07 and 2007-08) - Validity of AO's assumption of jurisdiction under section 153A of the Act and consequent passing of orders of Assessment under section 143(3) r.w.s. 153A 3.1 In this ground, for both assessment years 2006-07 and 2007-08, the assessee has challenged the validity of the AO's assumption of jurisdiction under section 153A and consequent passing of orders of assessment under section 143(3) r.w.s. 153A of the Act dated 27.12.2010. According to the learned A.R. of the assessee, it is evident....
X X X X Extracts X X X X
X X X X Extracts X X X X
....e absent and consequently valid orders of assessment could not have been passed under section 153A of the Act, the learned A.R. of the assessee, inter alia, placed reliance on the decision of the Hon'ble High Court of Gujarat in the case of CIT vs. Ramesh D. Patel (2014) 42 taxmann.com 540 (Gujarat), which is stated to be on similar facts and issues. It is prayed that in the light of the facts that there being no search under section 132 of the Act in the case on hand, the notices issued under section 153A of the Act lacking legal sanction, were invalid and orders of assessment passed under section 153A of the Act passed consequent thereto for both assessment years are invalid and are to be quashed. 3.2 Per contra, the learned D.R. f....
X X X X Extracts X X X X
X X X X Extracts X X X X
....e could not produce the same and in report dated 30.11.2016, the AO has stated that as per the appraisal report, survey action under section 133A of the Act was carried out at the assessee's business premises on 24.02.2009 and a statement of the assessee was recorded on that day. In this factual matrix of the case, as discussed above, we conclude that there was no search warrant authorising search under section 132 of the Act in the assessee's case on 24.02.2009. Revenue was unable to controvert this view as expressed by us. 3.3.3 Section 153A of the Act pertains to assessments to be carried out in case of search under section 132 or requisition under section 132A of the Act. Subsection (1) of section 153A provides that notwithstanding a....