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2021 (10) TMI 21 - AT - Income TaxReopening of assessment u/s 147 v/s assessment u/s 153C - additions made on the basis of the document which belongs to the assessee - HELD THAT:- It is an undisputed fact that the assessee was not covered under the search action u/s 132 of the Act. It is thus the case of the assessee that no addition could be made u/s 143(3) r.w.s 147 of the Act on the basis of the materials seized during the course of search and the proper course of action for framing the assessment by the AO was to proceed on the basis of the provisions of Section 153C of the Act as the incriminating material that has been relied upon by the AO for making additions belongs to the assessee. As decided GLITZ BUILDERS & PROMOTERS PVT. LTD AND VICE - VERSA [2021 (1) TMI 1074 - ITAT DELHI] quashed the assessment framed u/s 143(3) by holding that the additions made on the basis of the document which belongs to the assessee could not be made in the assessment framed u/s 143(3) of the Act but the AO should have invoked the provision of Section 153C of the Act which is mandatory - Decided in favour of assessee.
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