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2010 (10) TMI 158 - AT - Income TaxSearch and seizure - no search was conducted in the assessee’s hand and even there was no requisition in assessee’s case - assessment framed in the assessee’s hands considering the amount found in the possession of three persons and the assessment made in assessee’s hands only on the basis of statement given by those three persons – no notice under section 158BD was issued to the assessee - assessment framed under section 158BC in the hands of the assessee was illegal - assessment was framed under section 158BC, which is not applicable to the assessee’s case since the assessee was neither searched nor requisitioned under section 132A of the Act. Even there was no warrant of authorisation in the name of the assessee - assessment framed under section 158BC in the hands of the assessee was invalid – Appeal allowed
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