Jami Nirmala (Smt.) v. PCIT (2021) 437 ITR 573 / 207 DTR 65/ 323 CTR 317 ( 2022) 284 Taxman 141 (Orissa)(HC)

S. 153A : Assessment-Search-No incriminating material was found-Assessment was completed on the date of search-Assessment order and notice of demand was held to be not valid. [S. 132, 156, Art. 226]

Allowing the petition the Court held that  the order did not refer to any document unearthed during the course of the search conducted under section 132. Therefore, the assumption of jurisdiction under section 153A for assessment of the assessment year 2015-16 was without legal basis. The panchanama of the search proceedings unambiguously showed that nothing incriminating was recovered in the course of the search. The assessment order and the consequential demand notice under section 156 were set aside. (AY. 2015-16)