TMI Blog2016 (4) TMI 336X X X X Extracts X X X X X X X X Extracts X X X X ..... one accepts the stand of the revenue that the assessment is not complete as no notice under Section 143(2) of the Act had been issued. So far as the next submission on behalf of the Revenue viz. of extrapolation of evidence found during search is concerned, this Court in All Cargo Global Logistics Ltd. (supra) had negatived the revenue's submission before it that the assessment under section 153A of the Act is not to be restricted only to the incriminating material found during the course of search but would extend to other material also. Therefore in the facts of present case this issue is covered by the decision of this Court in All Cargo Global Logistics Ltd. (supra) in favour of the respondent-assessee inasmuch as it restricts the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ncome under Section 153A of the Act declaring the total income of ₹ 1.52 crores. During the course of assessment proceedings the Assessing Officer relied upon certain loose papers found during search in respect of period 15th January, 2007 to 31st May, 2007. These papers recorded the transactions which were not reflected in the respondent-assessee's books of accounts. On the above basis the Assessing Officer by order dated 29th November, 2009 determined the total income of ₹ 2.47 crores. It is to be noted that there is office note annexed to the assessment order wherein the Assessing Officer has recorded the fact that he found certain registers during search covering the period August 2005 to September 2005 (relevant for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... decision of the Tribunal in the case of All Cargo Global Logistics Ltd. vs. DCIT (2012) 137 ITD 287 (Mumbai)(SB). 6. Pending consideration of the present appeal, the Revenue's appeal to this Court from the decision of the Special Bench in All Cargo Global Logistics Ltd. (supra) being Income Tax Appeal No.1969 of 2013 came up for consideration on 21st April, 2015. This appeal of the Revenue raised the following questions and on consideration by order dated 21st April, 2015 dismissed the revenue's appeal on the questions of law raised : (i) Whether on the facts and in the circumstances of the case, the ITAT is correct in narrowing down the scope of assessment u/s 153A in respect of completed assessments by holding that only u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ued to the respondent-assessee although intimation under Section 143(1) of the Act had been issued. (b) So far as the registers evidencing sales found for the period August 2005 to September 2005 is concerned, the Revenue is entitled to extrapolate the sales recorded therein for the entire assessment year. In support he places reliance upon the decision of the Supreme Court in the case of the Commissioner of IncomeTax Vs. H.M. Esufali H.M. Abdulali 1973 ITR Page 271; and (c) In any case, material other then that found during the course of search could be taken into account while passing an order under Section 143(2) of the Act as held by the Andhra Pradesh High Court in Gopal Lal Bhadruka Vs. DCIT (2012) 346 ITR Page 106. 8. We fin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eeded the basis of best judgment assessement i.e. disregarding the assessee's books of account. It is not so in this case. 10. So far the last submission viz. the decision of Andhra Pradesh High Court in Gopal Lal Bhadurka (supra) is concerned, we find that in the facts of that case as recorded, the Court held that the Assessing Officer can take into consideration material other than what was available during search for making an assessment of undisclosed income. This turned on its own facts. Nevertheless, in our view the decision in All Cargo Global Logistics Ltd. (supra) of this Court covers the issue and we are bound by the same. 11. In the above view, the question as framed does not give rise to any substantial question of law ..... X X X X Extracts X X X X X X X X Extracts X X X X
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