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TMI Blog2016 (3) TMI 276X X X X Extracts X X X X X X X X Extracts X X X X ..... the Act. 1. That on the facts and in the circumstances of the case and in law, learned CIT-A erred in upholding the impugned assessment order passed by learned Assessing Officer in violation of mandatory jurisdictional conditions spelt u/s 153C of the Act in as much as a. There is no document "belonging to" present assessee as found in search operation except imagination of learned Assessing Officer; b. There is no valid "satisfaction" recorded in writing for validity proceeding u/s 153C of the Act; c. There is no undisclosed income emanating from subject papers relied by learned Assessing Officer vis-à-vis present assessee, subject period etc. Legal ground on validity of additions made u/s 153C for want of any corres ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r. The assessee firm was engaged in trading of computer hardware and portfolio of branded companies like IBM, HP, Lenovo, Intel, Sony etc. A search and seizure action was carried out under Section 132 of the Income-tax Act, 1961 (for short "the Act") at the premises of M/s. Omni Infoword Pvt. Ltd. and its Directors on 23.08.2008 and certain documents were found and seized which were claimed by the Assessing Officer as belonging to the assessee. The documents contained certain cash transactions relation to assessment years 2003-04 and 2004-05. In view of the documents found and seized, the learned Assessing Officer issued notice under Section 153C r.w.s. 153A of the Act on 10.02.2010 directing the assessee to file return of income for the as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he purchases to the extent of Rs. 3,71,614/- was bogus and thus made addition to the total income of the assessee. Aggrieved, the assessee challenged the assessments made by the Assessing Officer on legal grounds as well as on the merit of the addition, but the assessee could not succeed before the learned Commissioner of Income Tax (Appeals) either on the legal ground challenging the jurisdiction or on the merit of the additions. Aggrieved, the assessee is before us. 3. Apropos ground no. 1, the question of validity of assessment of jurisdiction under Section 153C of the Act was raised as there was no document belonging to the assessee. However, this ground of appeal was not pressed by the learned Authorised Representative, therefore, it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n incriminating materials or not for all assessment years involved. 6. We have heard the rival submissions and perused the material available on record. In the case of RRJ Securities (supra), the Hon'ble Jurisdictional High Court has held as under: "36. The decision in SSP Aviation (supra) cannot be understood to mean that the AO has the jurisdiction to make a reassement in every case, where seized assets or documents are handed over to the AO. The question whether the documents/assets seized could possibly reflect any undisclosed income has to be considered by the AO after examining the seized assets/documents handed over to him. It is only in cases where the seized documents/assets could possibly reflect any undisclosed income of the A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Cof the Act could be initiated against the Assessee, is answered in favour of the Assessee and against the Revenue. 40. In view of the above, it is not necessary for us to examine the other questions. The appeals are, accordingly, dismissed. In the circumstances, the parties are left to bear their own costs. 7. As the Hon'ble High Court has clearly held that in the absence of any incriminating material, the concluded assessments could not be interfered under Section 153A of the Act and further held that the documents seized has no reference to the income of the assessee for relevant assessment year and, thus, the Assessing Officer has no jurisdiction to make the re-assessment under Section 153A of the Act. In view of the binding preced ..... X X X X Extracts X X X X X X X X Extracts X X X X
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