TMI Blog2020 (12) TMI 826X X X X Extracts X X X X X X X X Extracts X X X X ..... quisition when the only requirement in section 153A is initiation of a search or making a requisition and not presence of relevant evidences/documents? - Tribunal has placed reliance on the decision of this High Court in the case of PCIT Vs. Saumya Construction [2016 (7) TMI 911 - GUJARAT HIGH COURT] for the purpose of addressing the preliminary issue whether the assessment could have been fra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot the correct proposition of law. Mr. Bhatt tried to explain fine distinction between the nature of the assessment under Section 143(1) and Section 143(3) respectively of the Act. Prima facie, we find substance in what has been pointed out by Mr. Bhatt to us. Section 143(1) and Section 143(3) are quite independent, the nature of assessment also differs. In such circumstances, we may only say t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the addition and/or disallowance made during assessment under section 153A of the Act should be based on incriminating documents or evidences gathered during a search or from a requisition when the only requirement in section 153A is initiation of a search or making a requisition and not presence of relevant evidences/documents? (2) Whether the Appellate Tribunal was justified in ignoring t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3. It appears that the Appellate Tribunal has placed reliance on the decision of this High Court in the case of PCIT Vs. Saumya Construction reported in 387 ITR 529 for the purpose of addressing the preliminary issue whether the assessment could have been framed under Section 153A of the Act, 1961 in respect of the concluded proceedings in the absence of incriminating materials found during th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unal is not the correct proposition of law. Mr. Bhatt tried to explain fine distinction between the nature of the assessment under Section 143(1) and Section 143(3) respectively of the Act. Prima facie, we find substance in what has been pointed out by Mr. Bhatt to us. Section 143(1) and Section 143(3) are quite independent, the nature of assessment also differs. 6. In such circumstances, we ma ..... X X X X Extracts X X X X X X X X Extracts X X X X
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