TMI Blog2019 (2) TMI 334X X X X Extracts X X X X X X X X Extracts X X X X ..... re two sets of assessment orders were made by the AO during block periods. With the unification of assessment years for the block period, i.e. only one assessment order for each year in the block period, it was necessary for an overriding provision of the kind actually adopted in Section 153A. But for such a non-obstante clause, the Revenue could possibly have faced hurdles in regard to unadopted/current assessment years as well as reassessment proceedings pending at the time of the search in respect of which proceedings were to be completed under Sections 153A/153C. - Decided against revenue - ITA No. 5750/Del/2014 - - - Dated:- 6-2-2019 - SHRI N.K.BILLAIYA, ACCOUNTANT MEMBER AND SMT. BEENA A PILLAI, JUDICIAL MEMBER For The Assesse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Assessee during year under consideration filed its return of income on 29/09/08 declaring total income of ₹ 10, 90, 326/-. The same was processed under section 143(1) of the I.T.Act, 1961 (the Act). Subsequently search and seizure operation under section 132 of the Act was conducted at business and residential premises of assessee on 19/10/10. Following which notice under section 153A of the Act was issued for filing return of income on basis of incriminating materials seized during course of search. In response to notice, assessee filed return stating that return filed under section 139(1) of the Act may be treated as return filed in pursuance to notice under section 153A of the Act. 2.1 . Ld. AO accordingly issued notice unde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .1. Ld.AR submitted that assessment stood completed as on date of search due to following reasons: (a) Returns for year under consideration has been processed u/s 143(1); (b) Time period to issue notice u/s 143(2) has lapsed. 6.2 . It has been thus argued that assessment stands concluded as on date of search. This fact has not been denied either by Ld.AO or by Ld.CIT,D.R. 6.3. Under such circumstances, any addition u/s 153A could be made only on the basis of incriminating material found during course of search. 6.4. It is observed that Ld.AO made additions based upon audited balance sheet, filed during assessment proceedings. Hon ble Delhi High Court in case of Pro.CIT vs. Ram Avtar Verma, reported in (2017) 88 Taxmann. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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