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TMI Blog2017 (2) TMI 552X X X X Extracts X X X X X X X X Extracts X X X X ..... ount of gifts, for proceedings that had commenced under Section 153C of the Income Tax Act, 1961 ('the Act', for short). 2. Briefly the facts of the case are that the assessee, Smt. Sunita Bai, is engaged in the business of plying/hiring carriages on routes allotted by the Government of Karnataka. She had submitted her income tax returns for the Assessment Year 2005-06. During the assessment, a notice was issued to her under Section 142(1) of the Act, with regard to the fact that she had shown in her income tax returns a gift of Rs. 45,00,000/- from Hasim Mod Trading Establishment, a company set up in Dubai. She had not only explained the gift of Rs. 45,00,000/- made by way of cheques of Rs. 5,00,000/- each, but even the donor had admitted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... CIT', for short). However, by order dated 20.08.2013, the learned CIT dismissed the said appeal. Therefore, the assessee challenged the order dated 20.08.2013 before the learned Tribunal. By order dated 09.12.2014, the learned Tribunal allowed the appeal, and held that no addition on account of the gifts can be sustained. Hence, this appeal before this Court. 4. Mr. Y. V. Raviraj, the learned counsel for the Revenue, submits that the following substantial questions of law arise in the present case. 1. Whether the Tribunal was right under the facts and circumstances of the case and in law in holding that, the gifts received by the respondent are genuine in disregard of the fact that in this case no scrutiny assessment had been made earlie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the department was justified in reopening the case of the assessee in the present case. Secondly, the stand taken by the assessee before the learned Tribunal that since no incriminating evidence was discovered qua her, during the search made on 25.03.2008, therefore, no proceedings could be initiated under Section 153C of the Act, such stand was never taken by her either before the Assessing Officer, or before the learned CIT. Therefore, the assessee cannot and could not be permitted to raise the said stand, for the first time, before the learned Tribunal. Thirdly, that once the assessment is reopened under Section 153C of the Act, the department has all the powers as it would have in the original assessment. Therefore, the Assessin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arned Tribunal was justified in holding that the power under Section 153C of the Act could not be invoked in the absence of any incriminating evidence against the assessee during the search under Section 132 of the Act. Moreover, even in the assessment order dated 21.12.2009, there is not an iota of evidence produced by the Revenue that any incriminating evidence was discovered at the time of the search against Mr. B. P. Anand Kumar. Therefore, the very basis of invoking the power under Section 153C did not even exist. Hence, the learned counsel has justified the order passed by the learned Tribunal. 6. Heard the learned counsel for the parties and perused the impugned order. 7. A bare perusal of the impugned order clearly reveals that th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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