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Acit vs M/S. Serajuddin & Co. Kolkata on 15 March, 2023

39. With regard to the decision rendered by the Hon'ble Orissa High Court in the case of ACIT vs. Serajuddin & Co. (supra), while the same is not rendered by the jurisdictional High Court, it has been raised by the assessee and therefore, must be considered by us while rendering our decision. In consideration thereof, we cannot help but notice that the Hon'ble Orissa High Court has based its findings on the search manual guidelines laid down by the CBDT for block assessments under Chapter XIV-B and the CBDT has issued a separate set of guidelines for search assessments to be done under Chapter XIV. Therefore, even while the provisions of section 158BG may be para materia to the provisions of section 153D, the guidelines laid down by the CBDT in respect of conduct of assessments under sections 153A to 153D are completely different. In those circumstances, the guidelines laid down for search assessments under Chapter XIV that have been brought to our knowledge by the ld. DRs through the third supplementary paper book filed on 22.10.2024 would be the parameter under which these particular assessments must be judged.
Orissa High Court Cites 45 - Cited by 1 - M S Raman - Full Document
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