TMI Blog2015 (4) TMI 837X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. - Tax Appeal No. 112 of 2015, Tax Appeal No. 113 of 2015 - - - Dated:- 8-4-2015 - M. R. Shah And S. H. V ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .CIT(2011) 13 Taxmann.com 134 (mad)? 2.0. That the assessee is a partnership firm engaged in the business of civil construction and development. A search/ seizer/ survey was carried out at the office premise of the assessee at 11, Gurudev Complex, Silvassa Road, Vapi on 17.7.2002. That on the basis of material seized, a notice under Section 158 BC of the Income Tax Act was issued to the assessee, asking assessee to file its return of income for the block period ending on 17.7.2002 on 24.4.2003 declaring undisclosed income at Rs.NIL. That thereafter, the notice under Section 143(2) of the Act was issued on 19.5.2002 and notice under Section 142(1) of the Act was also issued on 20.5.2003, the assessee replied to the same. That while final ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ubmissions on behalf of assessee and having found that the AO has made additions in the assessment under Section 158 BC of the Act on the material gathered during the survey and therefore, same was not permissible by impugned judgment and order, the learned Tribunal has allowed the aforesaid appeals and has quashed and set aside the assessment made for block periods in question, made under Section 158 BC of the Act. 2.3. Feeling aggrieved and dissatisfied with the impugned common judgment and order passed by the learned Tribunal, the Revenue has preferred present Tax Appeals with the aforesaid proposed substantial questions of law. 3.0. We have heard Shri Sudhir Mehta, learned advocate for the Revenue and Shri J.P. Shah, learned couns ..... X X X X Extracts X X X X X X X X Extracts X X X X
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