TMI Blog2011 (8) TMI 1238X X X X Extracts X X X X X X X X Extracts X X X X ..... ed:- 30-8-2011 - SHRI I.C. SUDHIR, JM AND SHRI D. KARUNAKARA RAO, AM Appellant by : Shri M.K.Kulkarni, Sr.Advocate Respondent by : Shri V.Anand Rejan, CIT DR ORDER Per D. Karunakara Rao, AM The present appeal is directed against the order of the Commissioner of Income tax (Appeals), Kolhapur dt. 17-7-2007 for the assessment year 2004-05. At the very out set, Ld Counsel for the assessee brought to attention the letter dated 7.6.2011 and the additional ground mentioned therein. The said additional ground read as follows. On the facts and circumstances of the case and in law the assessment completed u/s 143(3) is bad in lw and without jurisdiction since assessment year being the year of search u/s 132 of the Act th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... udgment of the Honourable High Court in the case of CIT v. Smt.Vandana Verma 920100 31 (1) ITCL 434 (All HC). He read out relevant paragraph of the said judgment, which is reproduced hereunder. (a) In para 9.1 the Tribunal observed: S.153A is a non obstenti clause. For applicability of above provision the initiation of search is necessary. Once a Warrant of Authorization and requisition is issued and search is conducted and panchanama is drawn, the completed assessment for all the relevant assessment years would get reopened irrespective of whether any incriminating material is found or not in relation to a particular assessment year. In other words, even if the material found shows the concealment in only one year, all the com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a and find the question answered in 19 read as follows. 19. In view of the above discussion, we hold that the ld. CIT(A) was not correct in law in holding that assessment for the previous year in which search took place or requisition was made had to be completed under the normal provisions of the Act. 5. Considering the above reported decision of the Tribunal, we are of the opinion, the additional ground, which is legal in nature and raised by the assessee s counsel for the first time before us is admitted and adjudicated in favour of the assessee making the assessment order invalid. Accordingly, the additional ground is allowed. 6. Regarding original grounds raised in the appeal, we find the adjudication of the same is mere ..... X X X X Extracts X X X X X X X X Extracts X X X X
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