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2015 (12) TMI 1081 - HC - Income TaxAssessment u/s 153C - assumption of jurisdiction by the AO under Section 153C - Held that:- Admittedly, the Assessee was not one of the entities that was subjected to search and seizure operation under Section 132 of the Act. The assessments were also framed under Section 153C of the Act; although the assessments order reflect that the assessments were framed under Section 143(3)/153A(b) of the Act, the orders passed by the CIT(A) indicates the same to be a typographical error. Section 153C of the Act provides for assessment/reassessment in cases where assets/documents have been found during the search and seizure operations and the same do not belong to the searched person(s). It is seen that the facts and the issues involved are similar in all material aspects to the facts and issues involved in Pr. Commissioner of Income Tax - 06 v. Nikki Drugs & Chemicals Pvt. Ltd. [2015 (12) TMI 304 - DELHI HIGH COURT]. Thus, for the reasons stated in therein we find no infirmity with the view of the ITAT that the proceedings under Section 153C of the Act were without jurisdiction. In the circumstances, it is not necessary to consider the other issues sought to be raised by the Revenue. - Decided against revenue
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