reference of search and seizure conducted by the CBI. The Assessing Officer, based upon the material found in course of search and seizure by the CBI, has passed the final order of assessment. The said order has been refused to be interfered with by the appellate authority but the learned Tribunal has dismissed the order by applying the order passed by the Coordinate Bench of Kolkata in the case of Garg Brother Pvt. Ltd. in I.T.A. No.2519/Kol/2017 . The ground has been taken that merely the paragraphs of the judgment have been referred while declining to interfere with the impugned order without considering the applicability of the said judgment in the facts and circumstances of the case. Hence, the order passed by the learned Tribunal is mechanical and, as such, not sustainable in the eyes of law. (ii) The issue of implication of tax evasion as has been found by the CBI in course of conducting search and seizure has not been appreciated at all by the learned Tribunal. Hence, the order passed by the learned Tribunal is perverse. (iii) When the CBI has conducted and found incriminating materials then it was required by the appellate authority to consider the same but having not done so, the error has been committed and, as such, on this ground also, the impugned order passed by the learned Tribunal is not sustainable in the eyes of law.
