TMI Blog2014 (1) TMI 1806X X X X Extracts X X X X X X X X Extracts X X X X ..... orm of a non-obstante clause contained in S.153C of the Act, the proceedings initiated under S.147 in the present case, based on the information that came to light as a result in the course of search on the premises of Janapriya Engineers Syndicate and made available to the Assessing Officer by the Central Circle, has no legal sanctity, as the same is against the spirit of provisions of S.153C of the Act. - Decided in favour of assessee. - ITA No. 909/Hyd/13, C.O. No. 43/Hyd/2013 - - - Dated:- 8-1-2014 - Chandra Poojari (Accountant Member) And Asha Vijayaraghavan (Judicial Member) For the Assessee : K. C. Devadas For the Department : Solgy Jose Kottaram, DR ORDER Asha Vijayaraghavan (Judicial Member) This appeal b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ctions of the assessee with regard to initiation of proceedings under S.147 and not under S.153C of the Act, set aside the assessment, on the ground of the same being void ab initio. Having held so, the CIT(A) did not go into the original grounds raised by the assessee in the appeal before him on merits. 4. Aggrieved, Revenue preferred the appeal ITA No.909/Hyd/2013 contesting the finding of the CIT(A) that the proceeding under S.147 initiated by the Assessing Officer is void ab inio , whereas the grounds of the assessee in his cross objections relate to the merits of the additions made in the assessment and non-adjudication by the CIT(A) on the grounds originally raised before him in relation thereto. 5. We have considered the riv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... clause. Considering this statutory bar in the form of a non-obstante clause contained in S.153C of the Act, the proceedings initiated under S.147 in the present case, based on the information that came to light as a result in the course of search on the premises of Janapriya Engineers Syndicate and made available to the Assessing Officer by the Central Circle, has no legal sanctity, as the same is against the spirit of provisions of S.153C of the Act. We are supported in this behalf by the ratio laid down by the of the Apex Court in the case of CIT V/s. Suresh N.Gupta (297 ITR 322), wherein the scope of applicability of the provisions contained in other chapters of the Act, to the cases falling under Chapter XII, has been examined. In this ..... X X X X Extracts X X X X X X X X Extracts X X X X
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