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suggesting that the document was recovered during the
search from the assessee. The Tribunal has even proceeded
to delete the addition of Rs. 1,50,000 as well as the notional
interest on the merits, holding that the document was
unsigned, that Mohini Sharma was not examined by the
Income-tax authorities and there was no corroboration of
the unsigned document. If it is not in dispute that the
document was found in the course of the search of the
assessee, then section 153A is triggered. Once the section is
triggered, it appears mandatory for the Assessing Officer to
issue notices under section 153A calling upon the assessee
to file returns for the six assessment years prior to the year
in which the search took place. There are contradictions in
the order of the Tribunal. We are unable to appreciate how
the Tribunal can say in paragraph 9.6 that no material was
found during the search and at the same time in paragraph
10 deal with the merits of the additions based on the
document recovered during the search which allegedly
https://www.mhc.tn.gov.in/judis
contain the loan transaction with Mohini Sharma. Therefore,
both the reasons given by the Tribunal for holding that the
assessments made under section 153A were bad in law do
not commend themselves to us. The result is that the first
substantial question of law is answered in the negative, in
favour of the Revenue and against the assessee.