TMI Blog2017 (7) TMI 1091X X X X Extracts X X X X X X X X Extracts X X X X ..... nder Section 153A of the Act was misconceived since the so-called incriminating material was not found during the search of the Assessee's premises. The Revenue could have proceeded against the Assessee on the basis of the documents discovered under any other provision of law, but certainly, not under Section 153A. This goes to the root of the matter. - Decided in favour of assessee. - ITA 60/201 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ncome Tax Act, 1961 in the circumstances of the case, were not justified and supportable in law? 3. The facts leading to the filing of the present appeal are that a search took place on 17th August, 2011 in the corporate office of AEZ Group at 301-303, Bakshi House, Nehru Place, New Delhi during which a hard disc was found and seized from which, a print out of a file named D.P. Correction Sh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ver to avoid any litigation/duress and to buy peace of mind the assessee state that the payment to M/s Aerens group payment have been made as reflected in the books of accounts Paper shown. 5. Thereafter, on 29th October, 2013, a notice was issued to the Assessee under Section 153A of the Act. In compliance thereof, the Assessee filed the return of income which he had originally filed and whic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ustainable in law. Reliance was placed on the decision of this Court in Commissioner of Income Tax v. Kabul Chawla, [2016] 380 ITR 573. 7. A question was posed to the learned counsel for the Revenue whether in the present case anything incriminating has been found when the premises of the Assessee was searched. The answer was in the negative. The entire case against the Assessee was based on wh ..... X X X X Extracts X X X X X X X X Extracts X X X X
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