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2023 (4) TMI 183 - ITAT HYDERABADAssessment u/s 153C - addition u/s 28(iv) - CIT(A) had deleted the addition on the pretext that the documents seized during the search and seizure operation carried out u/s 132 do not pertain to assessment year under consideration - HELD THAT:- As from the perusal of Memorandum of Understanding dt.22.02.2007, it is abundantly clear that the MOU was spread over to various years including A.Y. 2010-11 before us. Therefore, the findings recorded by the ld.CIT(A) is non-est and against the record. The order of the Ld. CIT(A) is required to be set aside as being contrary to facts on record. CIT(A) had granted the relief to the assessee on the technical ground that the incriminating material does not pertain to the year under consideration and had refrained from deciding the grounds on merit. As we have decided the legal ground against the assessee and in favour of the revenue, therefore, we deem it appropriate to direct the Ld.CIT(A) to decide the remaining grounds of appeal on merits. Accordingly , the appeal of the Revenue is allowed for statistical purposes.
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