TMI Blog2019 (7) TMI 753X X X X Extracts X X X X X X X X Extracts X X X X ..... e is permitted it would amount to reopening assessment order without any new material. Similar view has been taken by the Apex Court in the case of CIT Versus Sinhgad Technical Education Society [ 2017 (8) TMI 1298 - SUPREME COURT] held as in absence of any incriminating material which was seized as per the provisions of section 153(C), notice u/s 153(C) cannot sustain. - Decided against revenue - R/TAX APPEAL NO. 287 of 2019 - - - Dated:- 8-7-2019 - MR J. B. PARDIWALA AND MR A. C. RAO, JJ. For The Appellant (s) : MRS KALPANAK RAVAL (1046) ORAL ORDER ( PER : HONOURABLE MR.JUSTICE A.C. RAO) 1.00. The Revenue has filed this Tax Appeal unde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... idence to prove genuineness of the creditors and therefore, made addition of ₹ 2,15,11,460 under section 41(1) of the Act on account of Cessation of liability. 3.01. Being aggrieved by the assessment order under section 153A of the Act, the assessee preferred appeal before the Commissioner of Income Tax, Surat and the CIT(A)-4, Surat allowed the said appeal of the assessee vide order dated 03/02/2017 deleting the addition made by the Assessing Officwer. 3.02. Being aggrieved by the order passed by the CIT(A) dated 03/02/2017, the revenue preferred an appeal before the tribunal and the tribunal dismissed the said appeal preferred by the revenue vide order dated 16/11/2018. While dismissing the appeal, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... III, Pune Versus Sinhgad Technical Education Society , reported in [2017] 84 taxmann.com 290 (SC) . In the said decision it has been held by the Apex Court that in absence of any incriminating material which was seized as per the provisions of section 153(C), notice under section 153(C) of the Act cannot sustain. 7.00. Under the circumstances, the impugned order passed by the tribunal is just, legal and in accordance with law. No error or illegality has been committed by the tribunal in dismissing the appeal preferred by the revenue confirming the order passed by the CIT(A) and deleting the addition of ₹ 2,15,11,460 made under section 41(1) of the Act on account of Cessation of liability. No substantial question of la ..... X X X X Extracts X X X X X X X X Extracts X X X X
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