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2016 (2) TMI 1328 - ITAT RAJKOTAssessment u/s 153A - Proof of incriminating material found in search - HELD THAT:- The assessee’s arguments are in tune with those made in the lower appellate proceedings that his regular assessment stood completed well before search and the AO ought not to have invoked section 153A in absence of any incriminating evidence. We find that he has also placed on record relevant panchnama drawn on 09-09-2011. The Revenue fails to rebut this factual position. Thus initiation of section 153A proceedings in absence of any incriminating evidence is not sustainable. The same is accordingly quashed - Decided in favour of assessee.
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