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and not "other person". Hence it was submitted that
the impugned notice issued under section 153C of
the Act is bad in law. It was further argued that the
respondent No. 1 failed to examine whether the
papers or loose note sheets found during the course
of search in the premises of Sri Rajendran are
documents having evidentiary value to prove the
fact of transaction. In this regard, he referred to
Section 34 of Indian Evidence Act, 1872 to contend
that the search action did not lead to discovery of
unaccounted money, bullion, jewellery or valuable
article and no books of account revealed
undisclosed transactions of the assessee and the
entire impugned proceedings revolved around
scribbling of loose sheets seized from premises of
another person (Sri Rajendran) and therefore,
learned Senior Counsel argued that the action taken
by respondent No. 1 is contrary to the law declared
by the Apex Court in the case of V.C.
Shukla (supra) and in the case of Common
Cause (supra) and accordingly, sought for quashing
of impugned notices.