TMI Blog2019 (2) TMI 1530X X X X Extracts X X X X X X X X Extracts X X X X ..... wances in proceedings under s.153A/153C of the Act in the alleged absence of incriminating material in the light of legal proposition set out by the Jurisdictional High Court in SAUMYA CONSTRUCTION PVT. LTD. [2016 (7) TMI 911 - GUJARAT HIGH COURT]where no assessment is stated to be pending. In the absence of assessment records and material found in the course of search, we are not in a position to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g assessment years 2009-10 2010- 11. 2. The issues in both the captioned appeals are inter-connected and therefore heard together for adjudication purposes. 3. When the matter was called for hearing, the learned AR for the assessee at the outset referred to the petition dated 09.08.2018 for admission of additional ground with reference to AY 2009-10. Similar additional ground of legal natu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 153A proceedings where no incriminating evidence against the assessee was found during the course of search. It was simultaneously pointed out that similar view has been taken in the case of Pr.CIT vs. Saumya Construction (P.) Ltd. [2016] 387 ITR 529 (Guj) more so where the assessment proceedings were not pending at the time of search and were stood concluded. The learned AR for the assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n of the legal objection so raised on behalf of the assessee on sustainability of additions/disallowances in proceedings under s.153A/153C of the Act in the alleged absence of incriminating material in the light of legal proposition set out by the Jurisdictional High Court where no assessment is stated to be pending. In the absence of assessment records and material found in the course of search, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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