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TMI Blog2012 (7) TMI 950X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessee is against the action of the Commissioner of Income-tax (Appeals) in upholding the addition of Rs. 6,00,069/- made by the Assessing Officer to the income returned by the assessee in the return filed under section 153A of the Act. 3. In brief, the facts are that a search action under section 132(1) of the Act was carried out on the assessee in terms of which notice under section 153A of the Act was issued on 6.11.2007 calling for return of income for the stated assessment year. In the return of income subsequently filed belatedly on 6.8.2008, assessee declared an income of Rs. 13,97,516/- for the assessment year 2004-05, which was lower than the income declared in the return of income originally filed under section 139(1) of the Act ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fresh proceedings for respective assessment years and, therefore, assessee was entitled to make all claims in accordance with law. It was also contended that section 153A of the Act does not say that the provisions are for the benefit of the Department alone and, therefore, the action of the Assessing Officer was sought to be assailed The Commissioner of Income-tax (Appeals) has since upheld the plea of the Assessing by making following discussion: "I have considered facts of the case, assessment order, submission of the appellant and position of law. The provisions of section 153A of the Act have been introduced to make assessments/reassessments in cases where search has been conducted u/s 132 of the Act. It has been held in various ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eedings assessee was precluded from making fresh claims which was hitherto not made in the original return of income filed under section 139(1) of the Act. 6. On the other hand, the stand of the learned Departmental Representative is that the Commissioner of Income-tax (Appeals) and the Assessing Officer made no mistake in refusing to entertain the claim of the assessee in the proceedings under section 153A of the Act. 7. We have carefully considered the rival submissions. At the time of hearing, our attention was invited to a decision of the Jodhpur Bench of the Tribunal in the case of Suncity Alloys (P) Ltd v. ACIT 124 TTJ 674 (Jd), which dealt with the scope of an assessment under section 153A of the Act vis-à-vis a new cl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ection 153A will be made on the basis of incriminating material which, in the context of the relevant provision, means - (i) books of account, other documents, found in the course of search but not produced in the course of original assessment, and (ii) undisclosed income or property discovered in the course of search. 8. Even viewed in the aforesaid context, we find that the claim of the assessee is untenable. In this case, as the Commissioner of Income-tax (Appeals) has observed, the income returned by the assessee under section 139(1) of the Act has achieved finality. Even before us, the assessee has not asserted that on the date of search the assessment for the instant year was pending so as to abate. Therefore, in this case where inco ..... X X X X Extracts X X X X X X X X Extracts X X X X
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