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2022 (12) TMI 1359 - AT - Income TaxAssessment u/s 153C - Addition based on documents impounded during the course of survey under Section 133A - Addition u/s 69C - HELD THAT:- Evidences and documents based on which the addition is made were impounded from the place where survey action took place. Further, order u/s 133A (3)(ia) was also passed by the learned Assessing Officer on 2nd August, 2014, which clearly shows that the documents were impounded during the course of survey. There is no order required to be passed under Section 133A of the Act if the documents are found and seized during the course of search. Thus, apparently, the addition has been made in the hands of the assessee on the basis of material found during the course of survey and not search. The factual report submitted by AO which also say so. Performa for recording satisfaction note under Section 153C in column no.5 (b) of the Act which shows description of the seized material also says that the material is impounded during the course of survey. In proforma, relevant details in Panchanama in column no. 5(d), the details of impounding order dated 2nd August, 2014 is mentioned. Further also it is clear that all the additions made in the hands of the assessee were arising out of the documents impounded during the course of survey under Section 133A. Thus, no material was found during the course of search based on which addition u/s 153C of the Act is made. Merely because search and survey are carried out simultaneously at several places, material found during the course of survey does not authorize the LD AO to make assessment u/s 153C - Decided in favour of assessee.
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