TMI Blog2018 (5) TMI 2115X X X X Extracts X X X X X X X X Extracts X X X X ..... ,[ 2017 (3) TMI 108 - DELHI HIGH COURT] Commissioner of Income Tax-7 vs. RRJ Securities Ltd. , [ 2015 (11) TMI 19 - DELHI HIGH COURT] . and ARN Infrastructures India Ltd. vs. Assistant Commissioner of Income Tax [ 2017 (4) TMI 1194 - DELHI HIGH COURT] The Court is of the opinion that the challenge to the provisions of Section 153 of the Act has been rendered academic to an extent since these judgments have tempered in the condition of the use of statutory powers as it were. Consequently, the Revenue is directed to proceed afresh and re-determine the assessment u/s 153A/153C of the Act in accordance with law having regard to the above judgments, within six months from today. At the same time, it is clarified that the assessee is prec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y the learned counsel appearing on behalf of all the respondents. The counter affidavit be filed within six weeks. The rejoinder affidavit, if necessary, be filed within two weeks thereafter. Renotify on 14.07.2014. During the pendency of these petitions, the law relating to interpretation of Chapter-XIV of the Act (which includes Sections 153-A and 153-C of the Act) was interpreted. The leading judgment on this aspect is Commissioner of Income Tax vs. Kabul Chawla 380 ITR 573. The conclusions of the case of Kabul Chawla (supra) are extracted below:- 37. On a conspectus of Section 153A(1) of the Act, read with the provisos thereto, and in the light of the law explained in the aforementioned decisions, the legal position that emerg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erated and the abated assessment or reassessment can be made. The word 'assess' in Section 153 A is relatable to abated proceedings (i.e. those pending on the date of search) and the word 'reassess' to completed assessment proceedings. vi. Insofar as pending assessments are concerned, the jurisdiction to make the original assessment and the assessment under Section 153A merges into one. Only one assessment shall be made separately for each AY on the basis of the findings of the search and any other material existing or brought on the record of the AO. vii. Completed assessments can be interfered with by the AO while making the assessment under Section 153 A only on the basis of some incriminating material unearthed dur ..... X X X X Extracts X X X X X X X X Extracts X X X X
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