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2014 (10) TMI 216 - ITAT DELHISearch and Seizure u/s 132 – order u/s 153C r.w. section 153A - Held that:- The matter is set aside and restored to the file of the AO for re-examination of the issue in the light of the decision of Hon'ble Jurisdictional High Court in SSP AVIATION LTD. [2012 (4) TMI 335 - DELHI HIGH COURT] i.e., the AO will first verify the years to which the seized documents belonged - There would be no justification for continuation of the proceedings under Section 153C to which the seized documents do not belong – AO will drop the proceedings initiated u/s 153 of the years to which the seized documents do not belong - For the year to which the seized documents belonged, he will verify whether the transaction reflected by the seized documents are duly accounted for in the books of account - If the transactions are duly accounted for in the books of account, as contended by the learned counsel, the AO will drop the proceedings initiated u/s 153C - if for the year to which the seized documents belonged, the transaction reflected by the seized documents is not recorded in the books of account, the proceedings u/s 153C will continue and the AO will make the assessment afresh in accordance with law - the Revenue’s appeals do not require any adjudication and they are also deemed to be allowed for statistical purposes - The AO will proceed to make the assessment afresh only in the year where proceedings u/s 153C can validly continue.
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