TMI Blog2015 (12) TMI 1821X X X X Extracts X X X X X X X X Extracts X X X X ..... roceedings u/s 271AAA of the Act when the present assessee is not covered u/s 132 of the Act. He is covered only u/s 133A of the Act. Section 271AAA is not relevant for initiating such proceedings legally. Further, on perusal of the order of the CIT (A), we find paras 6.1 to 6.3 are relevant in this regard. CIT (A) has rightly adjudicated the issue as per the provisions of the Act and in accord ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ant in the name of the assessee initiating search and when the assessments were made u/s 153C of the Act. Briefly stated relevant facts of the case are that there was a search action in the case of Shri Hasmukh Jokmal Jain and Shri Indramal Solanki on 8.5.2009. Subsequent to the search action, there was a survey u/s 133A of the Act on the premises of the assessee, who is a proprietor of M/s. Darsh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... after the 1st day of June, 2007 [but before the 1st day of July, 2012]........... . 4. On the other hand, Ld DR for the Revenue relied on the penalty order of the AO and submitted that this is the case where assessee complied with the declaration made u/s 132(4) of the Act and paid taxes thereon. 5. We have heard both the parties and perused the orders of the Revenue Authori ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... w that the provisions of section 271AAA of the Act can be invoked only in respect of the assessee, who has been searched u/s 132 of the Act. No search u/s 132 of the Act was conducted in the case of the appellant. Survey operation u/s 133A of the Act cannot lead to initiation of penalty proceedings u/s 271AAA of the Act. The penalty in the case should have been initiated u/s 271(1)(c) of the Act. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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