TMI Blog2011 (4) TMI 1162X X X X Extracts X X X X X X X X Extracts X X X X ..... materials while issuing the notice under section 153C of the Act - 159 to 161 of 2011 - - - Dated:- 26-4-2011 - CHITRA VENKATARAMAN MRS., JANARTHANA RAJA P. P. S. JJ. JUDGMENT Mrs. Chitra Venkataraman J.- 1. As against the order of the Tribunal, the Revenue is on appeal. It is seen from the order of the Tribunal that on the search conducted in the case of H. Anraj and group on November 25, 2003, materials pertaining to "on-money" payment paid to the assessee in respect of property purchased from the assessee were seized. Based on that, the Assessing Officer issued a notice under section 153C of the Income-tax Act, 1961. In the assessment, the Assessing Officer adopted the sale consideration at Rs. 24,50,000 as against Rs. 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a perusal of the record revealed that the Assessing Officer issued the notice without having the seized material and that the same were not handed over to him by the investigating team or to the Assessing Officer having jurisdiction over the persons searched during which the material was seized. Although steps were taken by the Assessing Officer in addressing letters to the DDIT seeking the seized materials, the same were not furnished. It is further pointed out in the order of the Tribunal that the Assessing Officer took steps to secure the seized materials only when the assessee sought for inspection of the material. Thus, the Tribunal came to the conclusion that in the absence of the seized materials obtained from the investigating offi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... enable the officer for valid assumption of jurisdiction. 5. In the light of the fact that the Revenue did not produce any material to show that the materials were available at the hands of the Assessing Officer at the time of issuing notice, rightly the Tribunal came to the conclusion that the assumption of jurisdiction goes against the very tenor of section 153C of the Act. Consequently, the appeal had to fail. 6. Even though the learned standing counsel for the appellant strenuously contended that the files were available in the office of the Assessing Officer, yet, there is hardly any material to show that the contention taken by the learned standing counsel before this court can be substantiated or was substantiated before the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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