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2014 (1) TMI 285 - AT - Income TaxValidity of Assessment made u/s 158BC of the Act – Warrant of authorization not issued in the name of assessee – High Court remanded the matter back to tribunal – Held that:- A bare reading of the assessment order clearly shows that the assessing officer placed his reliance not only on the seized materials but also on the admissions made by the partners regarding suppression of sales - the CIT(A) is not justified in saying that the assessing officer has not used any evidence found during the course of search operation - the CIT(A) ought to have reappreciated the seized materials found on record which were relied upon by the assessing officer - The CIT(A) committed an error in deleting the addition without considering the seized materials which were available on record – the matter remitted back to the CIT(A) and the CIT(A) has to reconsider the issue afresh in the light of seized material and the statement recorded during the course of search operation – Decided in favour of Revenue.
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