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Sanjay Aabaji Jadhav,, Nashik vs Assistant Commissioner Of ... on 18 October, 2017 cites

Commissioner Of Income Tax-Iii, Pune vs Sinhgad Technical Education Society on 16 October, 2015

7. As pointed earlier in the instant case proceedings u/s. 153C of the Act have been initiated against the assessee on the basis of single incriminating document seized from the premises of Ashoka Group i.e. an undated cheque issued by assessee in favour of M/s. Ashoka Buildcon Ltd. The Revenue has failed to establish the assessment year to which it relates. In the absence of any co-relation between the document seized and the assessment years under appeal, the assessment already made cannot be disturbed under section 153C. There is a vacuum with respect to relevance of cheque seized from the premises of searched party i.e. M/s. Ashoka Buildcon Ltd. and assessment years under appeal. Thus, in the light of facts of the case and decision rendered by Hon'ble Apex Court in the case of CIT Vs. Sinhgad Technical Education Society (supra.), no addition can be made in the impugned assessment years on the basis of undated cheque.
Supreme Court - Daily Orders Cites 0 - Cited by 211 - Full Document

Sinhagad Technical Education ... vs Assistant Commissioner Of ... on 6 January, 2017

No material has been placed on record to show that any incriminating material was found in survey proceedings in the case of assessee and the disclosure made by assessee is in any manner connected with the proceedings arising u/s. 153C of the Act. It is a well settled law that where any 9 ITA Nos. 2111 to 2114/PUN/2014, A.Ys. 2007-08 to 2010-11 incriminating material is not found in the course of search relating to any assessment years in respect of third party, the assessments for such assessment years in respect of third party cannot be disturbed. The Co- ordinate Bench of the Tribunal in the case of Sinhgad Technical Education Society Vs. Assistant Commissioner of Income Tax (supra) has held that where no assessment year specific incriminating material or document is found, assessments of such assessment year cannot be disturbed by invoking the provisions of section 153C of the Act. In the absence of any reference to any assessment year specific incriminating information or document relatable to assessee for the assessment year in question in the reasons recorded by Assessing Officer, impugned assessment u/s. 153C is bad in law. The relevant extract of the order of Tribunal read as under :
Income Tax Appellate Tribunal - Pune Cites 6 - Cited by 1 - Full Document
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