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2022 (11) TMI 1171 - AT - Income TaxValidity of assessment u/s 153C - HELD THAT:- We find that the A.O. in the instant case has failed to demonstrate that seized document belongs to the assessee company and no seized documents were found as a result of search and have bearing on the determination of total income of the assessee company. Therefore, we find that the above imperative three jurisdictional conditions for issuance of notice under section 153C of the Act are not satisfied. We rely on the Judgment in the case of Sinhgad Technical Education Society[2017 (8) TMI 1298 - SUPREME COURT] wherein as held that the nexus between issue of notice under section 153C and the incriminating material found as a result of search must exist. Since in the instant case no incriminating material was found and seized during the course of search which belonging to the assessee company, the Judgment of Sinhgad Technical Education Society (supra), is squarely applicable to the facts of the present case. Further, the Hon’ble Jurisdictional Delhi High Court also in the case of CIT vs., Kabul Chawla [2015 (9) TMI 80 - DELHI HIGH COURT]. - Decided against revenue.
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