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2021 (8) TMI 594 - ORISSA HIGH COURTAssessment u/s 153A - document found during the course of the search or not? - HELD THAT:- In the present case, the impugned assessment order does not refer to any document unearthed during the course of the search on 26th February, 2016. Therefore, the assumption of jurisdiction under Section 153A of the Act for reopening the assessment for the AY 2015-16 was without legal basis. The impugned assessment order refers only to the cash book found during the survey purportedly conducted on 12th February, 2016 i.e. two weeks prior to the date of search. The Panchanama of the search proceedings unambiguously shows that nothing incriminating was recovered in the course of the search. Even in the counter affidavit of the Opposite Parties does not dispute this position. In view of the settled legal position the Court has no hesitation in concluding that the impugned assessment order is entirely without jurisdiction - the impugned assessment order and the consequential demand notice set aside. - Decided in favour of assessee.
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