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Income Tax Officer Ward 6 (4) , Hyderabad Versus Mirza Rafiullah Baig, Hyderabad and Vice Versa

2014 (1) TMI 1806 - ITAT HYDERABAD

Reopening of assessment - assessment u/s 153C - Held that:- It is evident from the reasons recorded for reopening the assessment under S.147 that it is the information received from the Central Range-1, Hyderabad upon search operations carried on in the premises of M/s. Janapriya Engineers Syndicate P. Ltd., which formed the basis for initiation of the proceedings under S.147 of the Act. It is settled position of law that in all matters, emanating from search action that proceedings have to be i .....

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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 by the Revenue and cross objection by the assessee are directed against the order of the Commissioner of Income-tax(Appeals) IV Hyderabad dated 19.3.2013 for the assessmen .....

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47 of the Act. 3. On appeal before the CIT(A), the assessee originally raised grounds contesting the additions made by the Assessing Officer to the short term capital gains disclosed by the assessee. However, subsequently, the assessee raised additional grounds which are legal in nature, contending that initiation of proceedings under S.147 is bad in law in as much as the proceedings ought to have been initiated under S.153C as the basis for the initiation of proceeding under S.147 relates to di .....

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nitio. 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 rais .....

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of the proceedings under S.147 of the Act. It is settled position of law that in all matters, emanating from search action that proceedings have to be initiated under S.153C of the Act, and not under S.147 of the Act. It is worthwhile to refer to mention that the provisions of S.153C of the Act begin with a non-obstente clause, viz. Notwithstanding anything contained in section 139, section 147, section 148, section 149, section 151 and section 153, where the Assessing Officer is satisfied that .....

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and not under any other section specified in the said non-obstante 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 .....

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