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The Deputy Commissioner of Income Tax, Central Circle 1 (2) , Chennai Versus M/s Saravana Stores (Tex)

2018 (1) TMI 585 - ITAT CHENNAI

Initiation of proceeding under Section 153A - absence of any material found during the course of search operation - Held that:- Once the time limit for issuing notice under Section 143(2) of the Act expired, on the basis of return filed earlier, the assessment proceeding is terminated and it cannot be said that it was pending on the date of search. In this case, the assessment proceeding was terminated by operation of law since the time limit for issuing notice under Section 143(2) expired. Ther .....

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/Mds/2016 And C.O. Nos.95, 96, 97 & 98/Mds/2016 - Dated:- 30-11-2017 - Shri N.R.S. Ganesan, Judicial Member And Shri S. Jayaraman, Accountant Member For the Appellant : Shri S. Bharath, CIT For the Respondent : Ms. Jharna B. Harilal, CA ORDER PER N.R.S. GANESAN, JUDICIAL MEMBER: All the appeals filed by the Revenue are directed against the common order passed by the Commissioner of Income Tax (Appeals)-18, Chennai, dated 27.01.2016 and pertain to assessment years 2006-07 to 2009-10. The assessee .....

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use for not filing the cross-objections before the stipulated time. Therefore, we condone the delay and admit the appeal. 3. Shri S. Bharath, the Ld. Departmental Representative, submitted that there was a search in the premises of the assessee on 18.08.2011. Notice under Section 153A of the Income-tax Act, 1961 (in short 'the Act') was issued on 14.03.2012. According to the Ld. D.R., the assessee by letter dated 26.11.2012 requested to treat the return originally filed as return in resp .....

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al found during the course of search operation. According to the Ld. D.R., the Assessing Officer shall assess or re-assess the total income in respect of each assessment year falling within six assessment years. On a query from the Bench whether the assessee filed return of income earlier and time limit for issuing notice under Section 143(2) of the Act expired on the date of search? The Ld. D.R. very fairly submitted that the assessee filed return for all the assessment years under consideratio .....

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r for the total income disclosed by the assessee either before the date of search or after the date of search. In case the assessment proceeding is not pending on the date of search, according to the Ld. representative, the Assessing Officer cannot reopen the concluded assessment and he has to confine himself only to the material found during the course of search for making assessment under Section 153A of the Act. In the case before us, according to the Ld. representative, time limit for assess .....

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ration in respect of these assessment years. Therefore, according to the Ld. representative, there cannot be any assessment under Section 153A of the Act, hence, the CIT(Appeals) has rightly deleted the addition. 5. We have considered the rival submissions on either side and perused the relevant material available on record. The only issue arises for consideration is can the Assessing Officer make addition in the proceeding under Section 153A of the Act in the absence of material found during th .....

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