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2014 (5) TMI 1059 - AT - Income TaxValidity of assessment u/s 153C - Held that:- undisputedly the assessee was subjected to search action under section 132(1) of the Act, therefore, the assessment can only be framed upon the assessee under section 153A of the Act. The assessment under section 153C of the Act can only be done in those cases where the Assessing Officer, during the course of assessment upon searched person, has found some incriminating material relating to some other person upon whom search was not conducted. Having recorded his satisfaction, the Assessing Officer of the searched person may refer the material along with satisfaction note to the Assessing Officer of the person upon whom action under section 153C of the Act is required to be taken. But in the instant case, the assessee himself has been subjected to search action, therefore, the assessment under section 153C of the Act is not possible. The right course would be to complete the assessment under section 153A of the Act. Therefore, we do not find any infirmity in the order of the ld. CIT(A), who has examined the issue in the light of the relevant provisions of law and finally annulled the assessment. We accordingly confirm the order of the ld. CIT(A) and dismiss the appeals of the Revenue. - Decided against revenue
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