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2018 (12) TMI 321 - AT - Income TaxAssessment u/s 153A - Disallowance of bogus purchases - no search warrant issued - Held that:- In the absence of search warrant and copy of Panchanama in the case of the assessee and in view of the contradictory findings by the Assessing Officer that there is a survey in the case of the assessee and there is a search in the case of assessee and there is search in the case of M/s. Kores Group, we hold that there was only survey proceedings carried out in the case of the assessee u/s. 133A and statements were also recorded on oath during the survey proceedings. In the course of survey in the premises of assessee at Goa inward raw material registers belonging to the assessee were impounded u/s. 131 of the Act on 19.09.2016 as observed by the Assessing Officer at Para No.5 and the purchases were treated as inflated and bogus only based on these impounded materials in the course of survey. It is clear that when there is no search warrant issued there cannot be an assessment u/s. 158BC/153A of the Act. On a reading of the Assessment Order passed u/s. 143(3) r.w.s. 153A of the Act in assessee’s case, we find that there are contradictory findings regarding the action taken by the Revenue i.e. Survey and Search, and further in the absence of any documentary proof submitted by the Revenue to prove that the search warrant was issued in the name of the assessee the assessment made u/s. 143(3) r.w.s. 153A is bad in law and void ab-initio. - Decided in favour of assessee.
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