TMI Blog2022 (3) TMI 305X X X X Extracts X X X X X X X X Extracts X X X X ..... e whatever was found at the time of search belonged to Abhay Maheshwari. The Hon'ble High court of Gujarat in the case of Anilkumar Gopikishan Aggarwal [ 2019 (6) TMI 746 - GUJARAT HIGH COURT] has held that section 153C as amended w.e.f. 01.06.2015 would not be applicable to cases where search is initiated prior to the date. In the present case since the search was conducted on 27.11.2014 the un-amended provision as mentioned elsewhere would apply. A bare perusal of the assessment order would show that there is no reference to any incriminating material for the addition made by the AO, therefore, the ratio laid down by the Hon'ble Supreme Court in the case of Singhad Technical Education Society (supra) squarely apply. - ITA ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f s. 153C and judicial opinions as no incriminating material was ever found in the course of search in the case of Abhay Maheshwari. Thus, the impugned addition of ₹ 26.80 Lakhs u/s. 68 is bad in law. 4. That assumption of jurisdiction u/s. 153C was also illegal since no satisfaction was recorded by the AO in terms of amendment made by Finance (No. 2) Act 2014. 5. That on merits, the CIT(A) failed to adjudicate the issue relating to balance addition of ₹ 26.80 lakhs even though relevant evidences along with application under Rule 46A was filed before him. The CIT(A) ought to have to have considered and allowed application under Rule 46A. The appellant craves to add, or amend the ground of appeals if required and n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... legal ground that provisions of section 153 C of the Act do not apply on the facts of the case, the appeal of the assessee on this ground was dismissed by the CIT(A). It was also contended before the CIT(A) that no incriminating material was found during the course of the search and, therefore, in the light of the ratio laid down by the Hon'ble Supreme Court in the case of Sinhgad Technical Education Society 397 ITR 344 the assessment is bad in law. This plea of the assessee was also dismissed by the CIT(A). 10. A perusal of the record show that following satisfaction note was recorded for initiation of proceedings u/s. 153C of the Act in respect of the assessee:- 11. The above mentioned satisfaction note has to be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2015 would not be applicable to cases where search is initiated prior to the date. In the present case since the search was conducted on 27.11.2014 the un-amended provision as mentioned elsewhere would apply. 14. A bare perusal of the assessment order would show that there is no reference to any incriminating material for the addition made by the AO, therefore, the ratio laid down by the Hon'ble Supreme Court in the case of Singhad Technical Education Society (supra) squarely apply. 15. Considering the legal issues from all possible angle. In our considered opinion the assessment order is bad in law and is liable to be quashed. We, therefore, quash both Assessment Orders and allow the appeals. 16. Decision announced in the open ..... X X X X Extracts X X X X X X X X Extracts X X X X
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