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2014 (9) TMI 274 - AT - Income TaxInitiation of proceedings u/s 153C r.w. section 153A – Seized material has no reference to the assessee - Held that:- As decided in Sri Pulla Gangadhar Rao, Hyderabad vs. ACIT, Cir.8(1), Hyderabad [2014 (9) TMI 212 - ITAT HYDERABAD] - the documents, i.e. the three loose papers recovered during the search proceedings do not belong to the petitioner - there is a reference to the petitioner inasmuch as his name is reflected in the list under the heading Samutkarsh Members Details and certain details are given under different columns against the name of the petitioner along with other members, however, it is nobody's case that the documents belong to the petitioner - the seized document on the basis of which proceeding u/s 153C was initiated cannot be said to be belonging to the assessee - the assumption of jurisdiction u/s 153C has to be held as invalid and consequentially the assessment order passed must be declared as without jurisdiction. Since the seized material has no reference to the assessee, it cannot be considered to be belonging to the assessee for enabling the initiation of proceedings u/s 153C of the Act - as the AO has relied upon the same seized material i.e., A/DNR/18 and since the seized material has no reference to the assessee, it cannot be said to be belonging to the assessee so as to empower the AO to assume jurisdiction u/s 153C of the Act - the assessment proceedings initiated not being in accordance with the provisions of section 153C, and is invalid in law and consequently the assessment order passed is nullity in eye of law – the order of the CIT(A) is set aside – Decided in favour of assessee.
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