THE HON BLE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND HON BLE SRI JUSTICE SANJAY KUMAR I.T.T.A No.753 of 2014 DATE: 23.01.2015 Between: Commissioner of Income Tax II, Hyderabad. Appellant And M/s. Shouri Constructions, Hyderabad. Respondent This Court made following: HON BLE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND HON BLE SRI JUSTICE SANJAY KUMAR I.T.T.A.No.753 of 2014 JUDGMENT: (per Hon ble Chief Justice Sri Kalyan Jyoti Sengupta) This appeal is sought to be preferred and admitted against judgment and order of learned Tribunal dated 28.06.2013 in relation to Assessment Year 2007-08, on following suggested questions of law: 1. Whether, on facts and in circumstances of case, Appellate Tribunal is correct in law in holding that assumption of jurisdiction under Section 153C of Income Tax Act, 1961 was invalid thereby declaring that assessment order passed was without jurisdiction? 2. Whether, on facts and in circumstances of case, Appellate Tribunal is correct in law in holding that seized document cannot be said to be belonging to respondents assessee despite fact that corroborative evidence gathered by Assessing Officer prove beyond doubt that respondent assessee has entered into transaction mentioned in seized document? issue involved in this case is whether initiation of proceedings against assessee under Section 153C of Income Tax Act, 1961 (for short Act ) is legally valid or not. In other words, pre-conditions for initiating proceeding are not fulfilled. learned Tribunal, after analyzing fact and taking note of judgment of Tribunal on this issue, found that pre-condition under Section 153C of Act was not satisfied and it was found that seized document on basis of which proceeding under Section 153C of Act was initiated cannot be said to be belonging to assessee. In that view of matter, we are unable to interfere with judgment and order as we find that there is no element of law to be decided in this appeal. appeal is accordingly dismissed. No costs. K.J. SENGUPTA, CJ SANJAY KUMAR, J Date: 23.01.2015 va Commissioner of Income-taxII, Hyderabad v. Shouri Construction