Assistant Commissioner Of Income Tax ... vs M/S Gmr Infrastructure Ltd , Bangalore on 28 October, 2020
16. Under such circumstances, without there being a clear
finding in respect of their being incriminating
material/unaccounted money unearthed during the course of
search, validity of assessment order passed under section 153A
cannot be ascertained. Hence we feel it proper to remand the
issue back to Ld.CIT(A) for fresh consideration on this aspect
about validity of invocation of section 153A in the light of
decision of Hon'ble Supreme Court in case of CIT vs Sinhagd
Technical Education Society (supra). In the event assessee
succeeds on this aspect then nothing remains to be decided on
merits. But if assessee fails on this aspect, then the issue on
merits should be decided by Ld.CIT(A) afresh, in accordance
with law.