TMI Blog2020 (1) TMI 1034X X X X Extracts X X X X X X X X Extracts X X X X ..... year relevant to the previous year in which search is conducted under section 132 or requisition is made under section 132A of the Act, but there being no provision as to under which provision of law, the assessee can be called upon to furnish its return for that assessment year only under the provisions of section 139 and it is only in case of failure of the assessee to furnish the return under section 139 that the AO can call for return of income for the previous year either under section 142(1) or under section 147 of the Act, as the case may be, and if it is so, then the assessment for assessment year relevant to that previous year can be made only under section 143(1) or 143(3) or 144 or 147 of the Act but cannot be made under section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3. Apart from the above grounds of appeal, the assessee has taken the following additional ground:- On the facts and circumstances of the case, the impugned assessment framed u/s 153 A deserves to be quashed as assessment for A/Y 2007-08 framed u/s 153A was not valid and void abinitio . 4. The assessee vide ground No.1 has agitated the action of the CIT(A) in upholding the action of the Assessing Officer in making addition of ₹ 1 lac claimed to have been received by the assessee from one Shri Nusrat Ikram Khan Nusrat Ikram Khan Bagga as advance against sale of shop as unexplained cash credit claimed to have been received by sale of shop. The assessee, vide second ground of appeal has contested t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2009, whereby, the assessee agreed to sell two shops for ₹ 5 lacs. Hence, out of the total amount of ₹ 7 lacs, ₹ 2 lacs was returned to Shri Nusrat Ikram Khan Bagga. That the amount received from Mr. Nusrat Ikram Khan Bagga stands reflected in the subsequent returns for the next year. So far as the jewellery was concerned, the Ld. counsel has explained that the total jewellery of the family was much more than the prescribed limit as per the Instruction No.1916 dated 11.5.1994 of the CBDT. He has submitted that the jewellery stands explained. The Ld. counsel has further submitted that so far as the legal ground is concerned, the issue is covered in favour of the assessee by the decision of the Tribunal in t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Act could have been made only for 06 assessment year immediately preceding the assessment year relevant to searched year i.e. for the assessment years 2001-02 to 200607 only and not for the assessment year under consideration i.e. assessment year 2007-08. He, therefore, has contended that the assessment framed u/s 153A for assessment year 2007-08 was not valid and was void abinitio. He in this respect has relied upon the decision of the Coordinate Chandigarh Bench of the Tribunal in the case of Rajiv Kumar Vs. ACIT (2017) 152 DTR (Chd) (Trib.) 233 and of the Hon'ble Allahabad High Court, Lucknow Bench in the case of CIT (Central) Vs. Sri Raj Kumar Jaiswal, Smt. Rekha Jaiswal and Sri Ram Dayal Jaiswal, Income Tax Appeal Nos. 25 to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot open that it may be treated as a mere mistake of wrong provision of the statute. Notice was specifically served under Section 153A. Assessment order clearly says that it is being passed under Section 153A. Moreover, jurisdiction for making assessment under Section 153A read with Section 153C apparently is quite different than requirement of notice under Section 143(2) of Act, 1961 and assessment made under Section 143(3). 17. We find that this aspect has also been discussed by Tribunal and it has observed as under:- 16................The provisions of section 153A read with section 153C empower the AO to proceed with the assessment in search cases mentioned therein meaning thereby ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... relevant to the previous year in which search is conducted under section 132 or requisition is made under section 132A of the Act, but there being no provision as to under which provision of law, the assessee can be called upon to furnish its return for that assessment year only under the provisions of section 139 and it is only in case of failure of the assessee to furnish the return under section 139 that the AO can call for return of income for the previous year either under section 142(1) or under section 147 of the Act, as the case may be, and if it is so, then the assessment for assessment year relevant to that previous year can be made only under section 143(1) or 143(3) or 144 or 147 of the Act but cannot be made under section 153A ..... X X X X Extracts X X X X X X X X Extracts X X X X
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