2024 (1) TMI 1560

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....g that there was no incriminating material for the issuance of notice u/s 153C without appreciating that while recording the satisfaction for issue of notice 153C the test for 'incriminating material' has to be only in nature of prima facie belief based on some material having live nexus and not in the nature of absolute evidence established after detailed investigation of facts or law. 2. The Ld. CIT(A) relied upon the submission made by the Appellant ignoring the Department findings during the search u/s 132(1) of the Act and information contained in the seized documents. 3. Whether on facts and circumstances of the case and in law, the Ld. CIT (A) erred in applying the decision of the Hon'ble Supreme Court i....

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....nvinced with the contention of the assessee and deleted the impugned additions. 5. Aggrieved by which the revenue is in appeal before us. 6. We find that the CIT(A) while allowing the appeal of the assessee by way of a consolidated order considered the appeal for A.Y. 2012-13 also. In A.Y. 2012-13 the revenue approached the Tribunal raising identical issues and this Tribunal in ITA No. 3631/Del/2019 by order dated 01.11.2023 has dismissed the appeal of the revenue. The relevant findings read as under :- "7. We have heard the Ld. Representative of the parties, considered their respective arguments and perused the records. We observe that the Lat. CIT(A) has reproduced in para 5.6 of his appellate order the satisfaction note da....

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....C of the Act to the assessee is held to be invalid in the eye of law by the Ld. CIT(A) which we uphold. 8. It is abundantly clear from reading of the provision of section 153C of the Act that the satisfaction of the Ld. AO of the person searched that (a) any money, bullion, jewellery or other valuation article or thing seized or requisitioned, "belongs to"; or (b) any books of account, or documents, seized or requisitioned, pertains to or any information contained therein, relates to a person other than the person referred to in section 153A namely, the assessee is sine qua non for issue of notice under section 153C for the relevant AY. The Ld. CIT(A) recorded the finding that the Ld. AO could not demonstrate that seized documents ....