Taj Grih Nirman Society v. ACIT (2021) 85 ITR 699 (Indore)(Trib.)

S. 153C : Assessment-Income of any other person-Search-Deposit made by members-No incriminating material was found-Addition is held to be not sustainable. [S. 132]

Tribunal held that the Assessing Officer had not made any specific reference to the incriminating material found during the search. Non reference to the incriminating material by the Assessing Officer was contrary to the settled position of law. The Revenue had not placed on record the satisfaction note by the Assessing Officer of the person in respect of whom the search was conducted recording that the documents belonged to the assessee. In the absence of such recording the assessment so framed was contrary to provision of law. Hence, the assessment so framed under section 153C of the Act was bad in law and deserved to be quashed. (AY.2005-06 to 2007-08)