TMI Blog2017 (2) TMI 552X X X X Extracts X X X X X X X X Extracts X X X X ..... ation made by the learned Tribunal that the said power could not be invoked, for regular assessment that had already been completed under Section 143(3) of the Act, would not give rise to a substantial question of law. The issue is not with regard to the scope and ambit of Section 143(3) of the Act; it is specifically with regard to the power - Income Tax Appeal No. 100058/2015 - - - Dated:- 12-1-2017 - Raghvendra S. Chauhan And Sreenivas Harish Kumar, JJ. For the Petitioner : Sri Y. V. Raviraj, Advocate) And , SVK Bus Service, K.R.Road, Ranipet For the Respondent : Sri H.R. Kambiyavar Sri S. Parthasarathi, Advocates JUDGMENT The Revenue is aggrieved by the order dated 09.12.2014, passed by the Income Tax Appellate T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... On 28.04.2009, a notice under Section 143(2) was also issued to the assessee. A notice under Section 142(1) accompanied with a questionnaire was also issued to the assessee on 10.08.2009. In response to the said notice, the assessee appeared before the Assessing Officer. The assessee was asked to explain the receipt of ₹ 45,00,000/- by way of gift from Hasim Mod Trading Establishment, Dubai. Despite the explanation given by the assessee, the Assessing Officer was of the opinion that the gift is not a genuine one. Therefore, the amount of ₹ 45,00,000/- should be added to the assessee s total income within the meaning of Section 68 of the Act. Hence, the said amount was treated as undisclosed amount of the assessee by order dated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rials? 4. Whether, on the facts and in law, the Tribunal erred in holding that, the total income in the assessments under Section 153A/153C should be determined in respect of assessment years for which original assessments were already completed on the date of search, by restricting additions only to those which flow from materials found during the course of search? According to him, the learned Tribunal is not justified in concluding that since a regular assessment had already been completed under Section 143(1) of the Act, the proceedings under Section 153A of the Act could not be initiated. According to the learned counsel, in case of a search conducted under Section 132 of the Act, and in case incriminating evidence is discover ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the premises belonging to Mr. B. P. Anandkumar Singh, which related to the assessee. Even prior to the search, the assessee had already filed her income tax returns. She had explained the receipt of ₹ 45,00,000/- by way of a gift from the Hasim Mod Trading Establishment of Dubai. Even the donor had accepted the fact that the cheques were issued to the assessee and the initial assessment was completed. Secondly, therefore, the issue before the learned Tribunal, which is a legal issue, was whether the Assessing Officer has the power under Section 153C of the Act, to reassess the income even if there was no incriminating evidence found against the assessee during a search under Section 132 of the Act or not? The said legal issue ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ustified in invoking his power under Section 153C of the Act. The learned Tribunal has also noticed that this opinion has been expressed by other courts. Therefore, a mere passing observation made by the learned Tribunal that the said power could not be invoked for regular assessment that had already been completed under Section 143(1) of the Act would not give rise to a substantial question of law. The issue is not with regard to the scope and ambit of Section 143(1) of the Act; it is specifically with regard to the power prescribed under Section 153C of the Act. To the limited issue of the ambit and scope of Section 153A of the Act, the learned Tribunal has correctly expressed its opinion. Therefore, the substantial questions of law ra ..... X X X X Extracts X X X X X X X X Extracts X X X X
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