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2015 (7) TMI 281 - AT - Income TaxValidity of the assessment framed u/s 153Ar.w.s. 153C & 143(3) - Held that:- As relying on case of Rajesh Rajora vs. Union of India [2015 (7) TMI 194 - MADHYA PRADESH HIGH COURT] wherein held that section 132 of the Income-tax Act, 1961 –Search and seizure (Validity of search) –Search and seizure proceedings were conducted in premises of a Government Officer on warrant issued by Director, on basis of a document found during search conducted in premises of another person about 9 months before –Whether, since section 132 does not confer any arbitrary authority upon revenue officers, they must have in consequence of information, reason to believe that statutory conditions for exercise of power to order search existed – Held, yes- Whether, where entire basis of recording satisfaction in assessee’s case was a document found during search conducted in premises of another person, which neither bore assessee’s name nor indicated that it was related to assessee, warrant of authorization was issued merely on hypothecated grounds, and therefore, issuance of warrant of authorization and subsequent search and seizure proceedings were liable to be quashed –Held, yes - Decided in favour of assessee.
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