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PR. COMMISSIONER OF INCOME TAX- (CENTRAL -II) Versus SMT. KUSUM GUPTA

2015 (9) TMI 1406 - DELHI HIGH COURT

Assessment under Section 153 A - whether no incriminating document pertaining to the assessee for this assessment year in the seized record found from the residence of the assessee - Held that:- Question that arises is answered in favour of the Assessee and against the Revenue by holding that the additions made in the assessments made pursuant to the search are unsustainable in law. - ITA 634/2015, ITA 493/2015, ITA 578/2013, ITA 579/2013, ITA 580/2013, ITA 581/2013, ITA 582/2013, ITA 583/2013, .....

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search operation was carried on 7th February, 2007 under Section 153A of the Act, and the Assessee was called upon to file returns for the six preceding assessment years. It is common ground that as on the date of search, there was no pending assessment or re-assessment proceedings qua the Assessee. 3. The next undisputed fact as noted by the AO in the Office Note of the assessment order dated 29th December, 2008 is as under: 1.There is no incriminating document pertaining to the assessee for t .....

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above being admitted factual position, the decision of this Court dated 28th August, 2015 in ITA Nos. 707, 709 and 713 of 2014 (CIT v. Kabul Chawla) would apply on all fours. The summary of the legal position as set out in the said decision is as under: 37. On a conspectus of Section 153A(1) of the Act, read with the provisos thereto, and in the light of the law explained in the aforementioned decisions, the legal position that emerges is as under: i. Once a search takes place under Section 132 .....

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levant 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 .....

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