TMI Blog2016 (8) TMI 22X X X X Extracts X X X X X X X X Extracts X X X X ..... BOMBAY HIGH COURT] - Decided in favour of assessee. - ITA/7365/Mum/2014 - - - Dated:- 22-7-2016 - Shri Rajendra, Accountant Member and C. N. Prasad, Judicial Member Revenue by : Shri Manjunath Swamy-DR Assessee by : Shri Yogesh A. Thar Chaitanya D. Joshi ORDER Per Rajendra, AM Challenging the order dated 05. 09. 2014, of the CIT(A)-39, the Assessing Officer (A. O. ) has filed the present appeal for the assessment year (A. Y. ) 2008-09. Brief Facts: 2. There was a search and seizure action u/s. 132 of the Act on 30. 11. 2010 at the residential/ business premises of the Samir Bhojwani Group and the assessee was also covered by the action. She filed her Return of Income, declaring total income at Rs. NIL. Earlier ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... facie inference of liability, that there was no mention in the assessment order of any material found during the search, leading to the inference that income by way of license fee was assessable under the head income from house property. The assessee referred to the cases of Al Cargo Global Logistics Ltd. (137ITD287), Pratibha Industries Ltd. (141 ITD151) and Gurinder Singh Bawa (ITA/2075/Mum/2010 dated 16. 11. 2012). 4. After considering the submission of the assessee and the cases referred to by it the FAA made a reference to the case of Canara Housing Development Co. (ITA No. 38 of 2014, delivered by the Hon ble Karnataka High Court). She also referred to the case of Murli Agro Products (ITA No. 36 of 2009 dt. 29. 10. 2010) delivered ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and can be taken by an AO about the tax liability of an assessee during the subsequent years only if he establishes that facts for that particular year were distinguishable from the facts of the earlier years. In absence of a categorical finding about the distinguishing fact the AO s cannot take a new stand. 6. 1. Here we would like to refer to the case of Continental Warehousing Corpn. (Nhava Sheva) Ltd. (supra)wherein the issue of availability/non availability of fresh material during search proceedings and resultant assessment proceedings have been dealt with. The Hon ble Court has held as under: If there was no incriminating material found during the search then the Tribunal was right in holding that the power under section 153A ..... X X X X Extracts X X X X X X X X Extracts X X X X
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