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2023 (3) TMI 355 - AT - Income TaxValidity of assessment u/s 153A - necessity of documents as seized which “relates to” and the information contained therein “pertains” to the assessee - HELD THAT:- The provisions of law, as existing on the date of search namely 04.12.2014 in this case is to be followed. Therefore the satisfaction note recorded by the Assessing Officer on 14.10.2016 (which is extracted in Para 3.2 of this order), invoking the amended provisions of section 153C namely “various documents were seized which “relates to” and the information contained therein “pertains” to the assessee is not correct in law. Even as per the pre-amended provisions of Section 153C, AO has to record satisfaction to the effect that seized material “belongs” or “belongs to” other person. In this case, the A.O. has not put on record that any material seized during the course of search does belong to the assessee. However seized materials related to other third party. Therefore in our considered view, the invocation of proceedings u/s. 153C is against the provisions of law. As prior to the amendment the material found from the premises of the searched person, should be belonging to the person in whose case the material is to be used by drawing satisfaction and for issuance of notice u/s. 153C. Decided against revenue.
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