2017 (3) TMI 1839

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..... CIT(A)-VII, ought to have appreciated that AO has not referred to any seized document or material in the Assessment order on the basis of which additions have been made and thereby the conditions of Sec. 153C are not satisfied. 3. The Ld. CIT (A) ought to have appreciated the fact that no incriminating material was found relating to year under consideration to invoke the provisions of section 153C of the Act. 4. The Ld. CIT(A)-VII, ought to have appreciated that addition so made does not have any nexus with the material impounded during search and such addition made is bad in law. 5. The Ld. CIT(A)-VII, ought to have considered the issue that the appellant is entitled to claim an amount of Rs. 42,26,393/- towards deducti....

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....A without there being any incriminating material belonging to the assessee. Case law: M/s. Midwest Gold Ltd. Vs. DCIT [1288-1293/H/2014] 11. The Ld. CIT(A) ought to have annulled the Order of the Assessing Officer appreciating that invoking the provisions vi] s. 153C without recording satisfaction by the I.T. Authority who conducted the search & seizure operation on the searched party as well as by the Assessing Officer having jurisdiction over the impugned assessee becomes invalid as held by the Hon'ble A.P. High Court in the case of CIT Vs. MIs. Shettys Pharmaceuticals & Biological Ltd in ITTA Nos.662 of 2014 dated 26-11-2014. 12. The learned CIT (A) ought to have appreciated that the material found in premises of M/....

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....e above. 2. As directed, I am herewith submitting that after verification of assessment record, it is found that before transmitting records to the A.O. of M/s.Madhacaon Infra Limited, no satisfaction was recorded by the A.O. of My s. M/s.Madhacaon Projects Limited, who was searched party and assessed u/s.153A, since the A.O. of both the persons was same". ( SUNIL K MAR PANDEY) Dy. Commissioner of Income Tax, Central Circle-2(1), Hyderabad. Copy 1) submitted to the Pro Commissioner of Income Tax (Central),Hyderabad for favour of information. 2) submitted to the Addl. Commissioner of Income Tax, Central Range _ 2, Hyderabad for favour of information. 3) submitted to the Dy. Commissioner of Income ....