TMI Blog2015 (5) TMI 988X X X X Extracts X X X X X X X X Extracts X X X X ..... o. 1531/H/2014, 1532/H/2014 2004-05, 1533/H/2014 2005-06, 1534/H/2014 2006-07 - - - Dated:- 29-5-2015 - SMT. ASHA VIJAYARAGHAVAN, JUDICIAL MEMBER AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER For Appellant : Mr. P. Raviseshagiri Rao For Respondent : Mr. R. Clement Ramesh Kumar ORDER PER SMT. ASHA VIJAYARAGHAVAN, J.M. : These appeals are filed by the assessee against the order of the Ld. CIT(A)-1, Hyderabad dated 31.07.2014 for the A.Ys. 2003-04 to 2006-2007. Since common issues are involved in these appeals, the appeals are heard together and are being disposed of by single consolidated order. 2. The facts of the case in brief as appearing from the penalty order are that during the course of search, it was f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of which search was conducted shall abate. Therefore, all the proceedings including the returns of income filed get abated and there would not be any proceedings pending. Therefore, the Assessing Officer cannot consider the returns of income pending as on the date of search for levying of penalty. 3.1. It was further submitted by the Ld. Authorised Representative before the Ld. CIT(A) that in so far as the proceedings u/s.153A are concerned, the assessee admitted the incomes as mentioned above and the Assessing Officer accepted the incomes admitted. Therefore, there is no concealment of income during the course of proceedings u/s.153A of the Act. As all the proceedings pending prior to the date of search get abated the moment search was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me has been detected consequent to the search and the appellant has not filed his returns of income offering the above income originally. Since the income is offered as a consequence to the detection during the course of post search, the conditions laid down in sub-section (l)(c), Explanation-l and 5A are very much applicable to the appellant and the Assessing Officer has rightly levied the penalty u/s. 271(1)(c). In view of the above, the penalty levied u/s.271(1)(c) by the A.O. for A.Ys. 2003-04 to 2006-07 is confirmed. 4. Aggrieved, the assessee filed the present appeals before the Tribunal and has raised a solitary ground in all the assessment years under consideration that the Ld. CIT(A) has erred in confirming levy of penalty unde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r assessment or reassessment of total income. Second proviso to section 153A provides that such notice will have the effect of abating all the pending assessment or reassessment proceedings, so as to avoid multiplicity of proceedings, which was a feature of block assessment. Thus, there is complete detachment of assessment proceedings u/s. 143 or 147 from search proceedings u/s. 153A. When scheme of search assessment as designed by the legislature does not prescribe to take into account the earlier assessment proceedings whether abated or not, it will not be proper or justified to refer to returned income u/s. 139 for the purpose of imposition of penalty u/s. 271 (1)(c). It follows that the concealment of income has to be seen with referenc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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