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2022 (6) TMI 144 - AT - Income TaxAssessment u/s 153A - valid initiation of search - panchnama was drawn against the assessee or not? - HELD THAT:- As decided in M/S BALALJI UNIVERSAL TRADELINK PVT. LTD. [2016 (10) TMI 1361 - ITAT MUMBAI] search carried out by the income–tax Department was held to be invalid in view of absence of any warrant, Panchanama as well as the report of the learned Assessing Officer dated 01.03.2016. The Impugned assessment orders before us is also arising out of the same search. The assessment order framed under section 153A of the Act is also one of the six years for which assessment is framed. Departmental Representative was specifically asked whether the order of the co–ordinate Bench has been contested before the higher Forum and if not or if it is not reversed, why it should not be followed. The learned Departmental Representative merely relied upon the orders of the lower authorities. Further, the decision relied upon by the learned Departmental Representative in case of MDLR Resorts Pvt. Ltd. [2013 (12) TMI 1116 - DELHI HIGH COURT] has also been extensively considered by the co–ordinate Bench in paragraph no. 2.19. Therefore, the decision of the co–ordinate Bench binds us. Therefore, we respectfully following the same hold that the order passed under section 153A of the Act is not valid. Accordingly, we allow the appeal of the assessee on this ground.
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