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2015 (4) TMI 837 - GUJARAT HIGH COURTValidity of the assessment proceedings under Section 158 BC - Held that:- As from the appraisal report in the case of Parmar Group prepared by ADIT (INV), Valsad, which was submitted through additional DIT(INV), Surat, and on perusal it appears that it was a case of survey and there was no search of the premises of the assessee under Section 132 of the Income Tax Act. Whatever the material was collected, was / were during the course of survey at the site office of the Parmar Builders and Developers, Emperor Building, Vapi. Under the circumstances, the material used for framing assessment under Section 158 BC was collected during the survey and not search proceedings under Section 132 of the Income Tax Act. In view of the above, it cannot be said that the learned Tribunal has committed any error in holding the assessment proceedings under Section 158 BC of the Act has invalid. The learned Tribunal has rightly quashed and set aside the assessment under Section 158 BC of the Act on the ground that material collector during the survey was used while framing the assessment under Section 158 BC of the Act. No substantial question of law arise in the present appeals. On the contrary, we affirm the view taken by the learned Tribunal. - Decided against revenue.
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