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2013 (7) TMI 228 - HC - Income TaxAssessment u/s 153C - search in pursuance of search of others - whether seized documents belonging to assessee - Held that:- a condition precedent for issuing notice under section 153C and assessing or reassessing income of such other person, is that the money, bullion, jewellery or other valuable article or thing or books of account or documents seized or requisitioned should belong to such person. If the said requirement is not satisfied, resort cannot be had to the provisions of section 153C of the Act. Document on the basis of which the Assessing Officer initiated proceedings under section 153C of the Act was admittedly not written by the assessee. It, of course, had certain references to the estimations and expenditure, etc. of the properties belonging to the assessee - When the very foundation for instituting the proceedings by the Assessing Officer was missing, the consequential actions and orders must fail - Decided against Revenue.
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