ACIT, BANGALORE vs. M/S GOLF VIEW HOMES PVT. LTD.,, BANGALORE

per the provisions of section 153C, notice can only be issued to a person with respect to whom some incriminating material is found and the AO forms a belief that this material relates to the said person. Unless and until the AO forms a belief that such seized material belongs to the third person, the provisions of section 153C cannot be invoked. In the instant case, nothing is brought on record as to what was the incriminating material found during the course of search which relates to the assessee. Therefore, we are of the view that the AO has not assumed jurisdiction to issue notice u/s. 153C of the Act to the assessee. Therefore, we find ourselves in agreement with the findings of the CIT(Appeals). Accordingly, we confirm his order.

Pronounced in the open court on this 31st day of May, 2016.