TMI Blog2017 (9) TMI 530X X X X Extracts X X X X X X X X Extracts X X X X ..... tions could have been made was inaccurate. In that view of the matter as held by this Court and the Delhi High Court, the Tribunal was correct in quashing the assessments under section 153A(1) of the Act. In that view of the matter, we see no reason to interfere. The second subsidiary observation and conclusion of the matter with respect to the pendency of the assessment in terms of second proviso ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssee without appreciating the fact that had the search been not initiated u/s. 132 and thereafter assessment proceedings were not initiated u/s 153A r.w.s. 143(3) of the Act, the assessee would have wriggled out of the issue of unexplained cash credit of ₹ 1,14,04,609/, which the AO during the assessment proceedings had found out and the same was rightly added to the total income of the asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... department for filing return under section 153A of the Act, the assessee filed such return on 10.10.2011. The Assessing Officer passed the order of assessment under section 153A of the Act on 28.11.2011. Several additions were made in such order by the Assessing Officer which became subject matter of appeal before the Commissioner. Eventually, the issue reached the Tribunal. Before the Tribunal, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of M/s. Desai Construction Pvt. Ltd. dated 20.07.2016 and Saumya Construction Pvt. Ltd. dated 14.03.2016. The Tribunal also was of the view that in three assessment years involved the assessments could not be held to be pending as per the second proviso to section 153A(1) of the Act on the ground that the time limit for issuing notice under subsection (2) of section 43 of the Act has expired long ..... X X X X Extracts X X X X X X X X Extracts X X X X
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