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2014 (2) TMI 1162 - AT - Income TaxUndisclosed income - Receipt of gift disclosed during search proceedings - Held that:- Admittedly no proceeding is pending before the Assessing Officer or any other authority for these assessment years. The Assessing Officer has a right to issue a notice u/s 148 or a notice u/s 143(2) in every case, if the period of limitation permits him to do so, and if the other conditions specified in the Act, are satisfied. Just because an authority has a right of initiating certain proceedings, it does not follow that assessment proceedings are open and are pending as on the date of search. In our view, when the Assessing Officer has not issued a notice u/s 143(2) as on the date of search, it follows that no proceeding is pending. - As no assessment was pending in the impugned assessment years, there is no abatement. Admittedly, there is no material found during the course of search, much less incriminating material. Under these circumstances, we uphold the order of the first appellate authority who followeds the order of the ITAT in the case of Kusum Gupta (2013 (11) TMI 665 - ITAT DELHI) and held that the addition made by the Assessing Officer is erroneous. - Decided in favour of assessee.
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