2019 (4) TMI 1232

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....dvocate for the appellant. None for the respondent. ORDER P.C. : 1. These Appeals filed by the Revenue arise in common background. We may record the facts from Income Tax Appeal No. 1193 of 2016. This Appeal arises out of the judgment of the Income Tax Appellate Tribunal ("the Tribunal" for short) dated 18th August, 2015. Following question is presented for our consideration : ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... the assessee's appeal and deleted the additions making the following observations : "13. We have carefully considered the rival submissions and perused the record. It is not in dispute that during the course of search no incriminating material pertaining to assessment years under consideration, was found. For the purpose of invoking provisions of section 153A of the Act, referable to....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ear that in so far as a third party is concerned, the Legislature has not provided for making the assessments for all six years, in other words, based upon seized material the Assessing Officer has to record his satisfaction that the books of account/documents seized or requisitioned have a bearing on determination of total income of such other person for the relevant assessment year, Further, sim....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Assessing Officer u/s. 153C read with section 144 of the Act are liable to be quashed. We hold accordingly." 3. Perusal of the above portion of the judgment of the Tribunal would show that, besides the other findings, the Tribunal has come to the conclusion that, there was no incriminating material found during the search on the basis of which the additions for any of the years under considera....