2016 (2) TMI 1218

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....al nos. CIT(A)- VI/ACIT.(OSD)/R.1/333/11-12, CIT(A)-VI/ACIT.(OSD)/R.1/332/11- 12 and CIT(A)-VI/ACIT.(OSD)/R.1/330/11-12 ; respectively, in proceedings under section 153C r.w.s. 143 of the Income Tax Act, 1961; in short "the Act". 2. We come to respective pleadings of both the parties first in these three assessment years. The Revenue's three substantive grounds in ITA 530/Ahd/2012 for assessment year 2007-08 challenge the lower appellate order deleting unexplained investment additions of Rs. 83,75,000/- and Rs. 52,84,000/-. Third substantive ground seeks to revive unexplained payments addition of Rs. 20,20,000/-. The Assessing Officer made these three additions in his assessment order dated 30-12-2011. Assessee's cross objection no. 0....

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....ave finalized a satisfaction note along with LPS-2 & 3. This culminated in initiation of section 153C proceedings vide notices dated 01-11-2011. The assessee's case is that the Assessing Officer framed the impugned assessment making various additions subject matter of our adjudication in the instant appeal and cross objection. He files before us copy of tribunal's order IT(SS)A No. 137/Ahd/2013 DCIT vs. Smt. Madhu Khurana decided on 26-06- 2015 dismissing identical Revenue's appeals based on the very search action on the ground that the hon'ble Madhya Pradesh in its judgment reported as Rajesh Rajora vs. Union of India (2013) 40 taxmann. com 330 (MP) has quashed the issuance of search warrant itself. We find that learned co-ordinate bench h....

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....sue of validity of the assessment framed u/s 153A r.w.s. 153C & 143(3). 4.2 At the outset, the Id. counsel for the assessee submitted that in the facts and circumstances of the case the order of the Assessing Officer passed under section 153C should be quashed. The Id. AR in support of his contention placed reliance on the decision of Hon'ble Madhya Pradesh High Court in the case of Rajesh Rajora vs. Union of India (2013) 40 taxmann.com 330 (Madhya Pradesh) wherein the assessee was subjected to proceedings u/s 153 r.w.s. 153A of the Act consequent to search carried out at the premises of Shri Rajesh Rajora at Bhopal on 30.05.2008. He placed on record a copy of the decision. In said case Shri Rajesh Rajora challenged the validit....

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....rector, on basis of a document found during search conducted in premises of another person about 9 months before -Whether, since section 132 does not confer any arbitrary authority upon revenue officers, they must have in consequence of information, reason to believe that statutory conditions for exercise of power to order search existed - Held, yes- Whether, where entire basis of recording satisfaction in assessee's case was a document found during search conducted in premises of another person, which neither bore assessee's name nor indicated that it was related to assessee, warrant of authorization was issued merely on hypothecated grounds, and therefore, issuance of warrant of authorization and subsequent search and seizure proc....