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2011 (4) TMI 871 - AT - Income TaxEnhancement of assessment by Commissioner - Search and seizure - validity of the notice issued issued u/s 153C - Held that:- The documents in question are neither the incriminating ones nor unaccounted transactions of the assessee and nor they relate to the impugned four AYs. In such circumstances, the AO not only assumed jurisdiction invalidly but also erred in disturbing the settled and completed assessments. AO totally missed the requirements of the law ie only the AY with the pending assessments and the AY with the AY specific incriminating documents/transactions or seized asset should only be reopened under the provisions of the first proviso to section 153A of the Act and not otherwis. Accordingly, AO should not assume jurisdiction in respect of such AYs in the absence of any incriminating information or transactions specific to any of the impugned four AYs ie 2000-01 to 2003-04. It is necessary for the Assessing Officer of the appellant to inform about the satisfaction so recorded as well as to provide the copies of the seized documents and the appellant must be given a reasonable opportunity to object to the same - Neither the documents mentioned in the said satisfaction note stated to be belonging to the appellant have been provided to the appellant with due certification thereon - In absence of any seizure of any asset, documents etc proceeding cannot be initiated against the appellant u/s. 153C(1) r.w.s 153 It is the settled position of the law based on the decision of the Tribunal in the case of LMJ International (2007 (12) TMI 237 - ITAT CALCUTTA-E) that the issue of notice under the provisions of the first proviso to section 153A(1) is not automatic and there is need for AY-Specific Incriminating Information (ASII) in the possession of the AO to be the fountain head for springing satisfaction to him that there exists some income or asset to be assessed in the hands of any other person, who are referred to in section 153C - it is evident that the where nothing AY and assessee specific incriminating "money, jewellery or other valuable article or thing or books of account or documents", the assessments for assessee years cannot be distributed - in favour of assessee.
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