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2013 (11) TMI 1055 - HC - Income TaxSurvey u/s 133A versus search u/s 132 – proceedings u/s 158BD – Held that:- ITAT is correct in saying that the material found during the course of survey operations is independent and has nothing to do with the material found during the course of search operation - If there is any material found during the course of survey operation though it does not form basis for proceedings so far as protective assessment under Section 132 proceedings read with Section 158. So far as material recovered during the course of survey, it has to be in accordance with the procedure contemplated under Section 133A. Such material could be considered for relevant action as provided under the Act but not for any course of action so far as Section 132A search and seizure - If in the exercise of powers by the assessing officer to make fresh orders they are at liberty to consider the case of the appellant assessee also only in accordance with the procedure under Section 132(4) read with provisions under Section 158 of the Act. This shall not come in the way of the authorities taking independent course of action if any under that provision on account of material collected by them during the survey – Decided against assessee.
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