TMI Blog2021 (3) TMI 1008X X X X Extracts X X X X X X X X Extracts X X X X ..... A and 153C of the Act. The Hon'ble Supreme Court in the case of Singhad Technical Educational Society [ 2017 (8) TMI 1298 - SUPREME COURT] has also held that in the absence of any incriminating material, no jurisdiction can be assumed by the Assessing Officer u/s 153C of the Act. Assessment framed u/s 153C of the Act in A.Ys 2008-09 and 2010-11 are without jurisdiction and, therefore, bad in law and deserve to be quashed as null and void. Assumption of jurisdiction u/s 263 of the Act in respect of an assessment which is non-est is also bad in law as a non-est order cannot be erroneous and prejudicial to the interest of the Revenue. An order framed u/s 263 of the Act for both the A.Ys 2008-09 and 2010-11 are accordingly quashed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d u/s 153C/ 153A of the Act. 3. Since the additional ground goes to the root of the matter and requires no verification of any fact, the same is admitted for adjudication in light of the ratio laid down by the Hon ble Supreme Court in the case of NTPC 229 ITR 383. 4. Since the additional ground goes to the root of the matter, the same is taken up first for adjudication. 5. Representatives of both the sides were heard at length. Case records carefully perused. 6. Assessment order dated 30.03.2015 for A.Y 2008-09 was framed u/s 153A r.w.s 153C and 143(3) of the Act for A.Y 2008-09 and 2010-11 separately. Assessment for A.Y 2008-09 was previously framed u/s 143(3) of the Act and assessed income was computed as under: 7. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sed in the hands of M/s Shahi Exports Pvt Ltd and accordingly, order of M/s Shahi Exports Pvt Ltd, as passed by the Assessing Officer u/s 153C of the Act, amounts to erroneous and prejudicial to the interest of the Revenue. 11. As per the facts mentioned hereinabove, additions made u/s 143(3) of the Act were repeated in the assessment order framed/s 153A r.w.s 153C of the Act. This means that no additions had any link with any incriminating material found at the time of search as assessed income u/s 143(3) of the Act is the assessed income u/s 153C of the Act. 12. The Hon'ble High Court of Delhi in the case of Kabul Chawla in 380 ITR 573 has held that if no incriminating material was found during the course of search in respect o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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