TMI Blog2012 (7) TMI 950X X X X Extracts X X X X X X X X Extracts X X X X ..... s arisen from the order passed by the Assessing Officer under section 153A of the Income-tax Act, 1961, (in short the Act ), pertaining to the assessment year 2004-05. 2. In this appeal, the only grievance of the assessee is against the action of the Commissioner of Income-tax (Appeals) in upholding the addition of ₹ 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 subsequentl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ding the fact that in the original return filed under section 139(1) of the Act, such claim was not raised. Before the Commissioner of Income-tax (Appeals), assessee contended that the assessment proceedings under section 153A are altogether 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 or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... earned Counsel for the assessee has pointed out that the income-tax authorities were wrong in asserting that the assessment proceedings envisaged under section 153A of the Act are for the benefit of the Department alone and that in such proceedings 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, o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3A(1), the Assessing Officer retains the original jurisdiction as well as jurisdiction conferred on him under section 153A of the Act and in other cases in addition to the income that has already been assessed, the assessment under section 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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