TMI Blog2017 (3) TMI 42X X X X Extracts X X X X X X X X Extracts X X X X ..... ed with the impugned judgment and order passed by the learned Income Tax Appellate Tribunal Ahmedabad C Bench (hereinafter referred to as the learned tribunal ) dated 31/05/2016 in IT(SS)A No.341/AHD/2011 for the Assessment Year 2004-05, revenue has preferred the present Tax Appeal with the following proposed questions of law; (a) Whether on the facts and in the circumstances of the case, the Appellate Tribunal is correct in law in holding that the scope of Section 153A is limited to assessing only search related income, thereby denying Revenue the opportunity of taxing other escaped income, that comes to the notice of the Assessing Officer? (b) Whether on the facts and in the circumstances of the case, the Appellate Tribunal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n Pvt. (Supra) as under; 15. On a plain reading of section 153A of the Act, it is evident that the trigger point for exercise of powers thereunder is a search under section 132 or a requisition under section 132A of the Act. Once a search or requisition is made, a mandate is cast upon the Assessing Officer to issue notice under section 153A of the Act to the person, requiring him to furnish the return of income in respect of each assessment year falling within six assessment years immediately preceding the assessment year relevant to the previous year in which such search is conducted or requisition is made and assess or reassess the same. Since the assessment under section 153A of the Act is linked with search and requisition under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or requisition stands abated and the total income of the assessee is required to be determined under section 153A of the Act. Similarly, subsection (2) provides for revival of any assessment or reassessment which stood abated, if any proceeding or any order of assessment or reassessment made under section 153A of the Act is annulled in appeal or any other proceeding. 16. Section 153A bears the heading Assessment in case of search or requisition. It is well settled as held by the Supreme Court in a catena of decisions that the heading of the section can be regarded as a key to the interpretation of the operative portion of the section and if there is no ambiguity in the language or if it is plain and clear, then the heading used in th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... undisclosed income, if any, unearthed during the search or requisition. In case where a pending reassessment under section 147 of the Act has abated, needless to state that the scope and ambit of the assessment would include any order which the Assessing Officer could have passed under section 147 of the Act as well as under section 153A of the Act. 19.On behalf of the appellant, it has been contended that if any incriminating material is found, notwithstanding that in relation to the year under consideration, no incriminating material is found, it would be permissible to make additions and disallowance in respect of all the six assessment years. In the opinion of this court, the said contention does not merit acceptance, inasmuch as ..... X X X X Extracts X X X X X X X X Extracts X X X X
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