9911796707
TMI Blog2019 (8) TMI 366X X X X Extracts X X X X X X X X Extracts X X X X ..... r the Assessment Years 2012-13, 2013-14, 2014-15, 2015-16, 2016-17 and 2017-18 and also prayed for issuance of Mandamus directing the respondent authorities to forthwith release all documents which were seized on 27.2.2018. 3. According to the petitioner, recovery proceedings were initiated under Sections 222 to 232 of the Income Tax Act, 1961 (hereinafter referred to as "Act 1961") in respect of Assessment Years 2005-06 to 2011-12. On 26.2.2018, a survey under Section 132-A of the Act 1961 was conducted at the factory premises of the petitioner and even before issuance of notices under Section 226 (3) of the Act 1961, for the purposes of recovering the outstanding demand. The Tax Recovery Officer of the Income Tax Department also issued a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f this Act shall, so far as may be, apply accordingly as if such return were a return required to be furnished under section 139; (b) assess or reassess the total income of six assessment years immediately preceding the assessment year relevant to the previous year in which such search is conducted or requisition is made : Provided that the Assessing Officer shall assess or reassess the total income in respect of each assessment year falling within such six assessment years: Provided further that assessment or reassessment, if any, relating to any assessment year falling within the period of six assessment years referred to in this [sub-section] pending on the date of initiation of the search under section 132 or making of requisition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on 132A shall abate. The words, pending on the date of initiation of search under Section 132, or making of requisition under Section 132A, as the case may be, has to be assigned simple and plain meaning. Where the assessment or re- ssessment is finalised, there are no pending proceedings to be abated, and restored to the file of the assessing officer. 6. First proviso to the Clause B of Section 153A(1) provides that assessing officer shall assess or reassess the total income of each of six assessment years. Second proviso contemplates that if any of the aforesaid six assessments is pending on the date of initiation of the search or making of requisition, the same shall abate. 7. In the present case, it is true that a notice was issued u ..... X X X X Extracts X X X X X X X X Extracts X X X X
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