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2017 (11) TMI 1769 - AT - Income TaxAssessment u/s 153A - whether any incriminating material was found in the course of search or not? - Held that:- Neither in the assessment order nor in the order of CIT (A), there is any discussion on this aspect of the matter. The relevant panchanama is also not made available before us by any side in the paper book. Under these facts, we feel it proper to restore the entire matter back to the file of CIT (A) for fresh decision in the light of this case of CIT Vs. Lancy Constructions [2016 (2) TMI 797 - KARNATAKA HIGH COURT] after examining this factual aspect of the matter as to whether any incriminating material was found during the course of search or not. If required, the CIT (A) may obtain remand report form AO on this aspect i.e. finding of incriminating material in the course of search and thereafter, he should pass necessary order as per law in both years after providing adequate opportunity of being heard to both sides. Thus hold that after deciding technical aspect, CIT (A) should decide the entire aspect on merit in both years afresh.
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