TMI Blog2016 (1) TMI 988X X X X Extracts X X X X X X X X Extracts X X X X ..... that since no incriminating material was unearthed during the course of search, no addition could have been made to the income already assessed. Accordingly, the impugned order is set aside and the addition made by the AO is deleted. The facts related to the other years are similar as were involved in the assessment year 2004-05, the only difference is in the amount of addition made by the AO. - Decided in favour of assessee. - ITA No. 3078/Del/2012, ITA No. 3079/Del/2012, ITA No. 3080/Del/2012, ITA No. 3081/Del/2012, ITA No. 3653/Del/2012 - - - Dated:- 1-1-2016 - Sh. N. K. Saini, AM And Smt. Beena Pillai, JM For The Assessee : Sh. S. Agarwal, Adv. Prakash gupta, FCA For The Revenue : Sh. Ramesh Chand, CIT DR ORDER ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4. That any other grounds of appeal may be added/deleted or amended at the time of hearing. 4. Ground Nos. 1 4 are general in nature so these grounds do not require any comment of our part. 5. Vide ground No. 2, the assessee has challenged validity of the jurisdiction u/s 153C of the Income Tax Act, 1961 (hereinafter referred to as the Act). 6. Facts of the case in brief are that the assessee filed the original return of income on 04.08.2004 declaring net taxable of income of ₹ 2,47,000/- which was processed u/s 143(1) of the Act. The assessee is the father of Sh. Amit Jain and Sh. Dhiraj Jain, who are directors of M/s Mahagun (India) Pvt. Ltd., in which case a search was conducted on 26.08.2008 at the business pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... TIOL 177 ITAT Mumabi B Bench. The ld. CIT(A) also held that the seizure of incriminating material was not the condition for invoking the provisions u/s 153C r.w.s. 153A, therefore, the AO rightly initiated the proceedings u/s 153C of the Act against the assessee. 8. Now the assessee is in appeal. The ld. Counsel for the assessee at the very outset stated that this issue is squarely covered in favour of the assessee vide order dated 28.08.2015 of the Hon ble Jurisdictional High Court in the case of CIT, Central-III Vs Kabul Chawla in ITA Nos. 707, 709 713/2014 (copy of the said order was furnished which is placed on record). 9. In his rival submissions the ld. CIT DR reiterated the observations made by the ld. CIT(A) and strongly s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... exercise normal assessment powers in respect of the six years previous to the relevant AY in which the search takes place. The AO has the power to assess and reassess the 'total income' of the aforementioned six years in separate assessment orders for each of the six years. In other words there will be only one assessment order in respect of each of the six AYs in which both the disclosed and the undisclosed income would be brought to tax . iv. Although Section 153 A does not say that additions should be strictly made on the basis of evidence found in the course of the search, or other post-search material or information available with the AO which can be related to the evidence found, it does not mean that the assessment ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the course of original assessment. We, therefore, by keeping in view the ratio laid down by the Hon ble Jurisdictional High Court in the aforesaid referred to case of CIT Vs Kabul Chawla (supra) decide the case in favour of the assessee and against the revenue and hold that since no incriminating material was unearthed during the course of search, no addition could have been made to the income already assessed. Accordingly, the impugned order is set aside and the addition made by the AO is deleted. 12. The facts related to the other years are similar as were involved in the assessment year 2004-05, the only difference is in the amount of addition made by the AO. Therefore, our findings given in the former part of this order in ITA No. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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