TMI Blog2022 (9) TMI 477X X X X Extracts X X X X X X X X Extracts X X X X ..... erein were answered stating in cases where the assessment or reassessment proceedings have already been completed and assessment orders have been passed, which were subsisting when the search was made, the Assessing Officer would be competent to reopen the assessment proceeding already made and determine the total income of the assessee. The Assessing Officer, while exercising the power under Section 153A of the Act, would make assessment and compute the total income of the assessee including the undisclosed income, notwithstanding the assessee had filed the return before the date of search which stood processed under Section 143(1)(a) of the Act. In the light of the aforesaid, the reasons given by the Tribunal that no material was found ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... during the course of search under Section 132 of the Act. (ii) Whether assessment or re-assessment under Section 153-A of the Income Tax Act can be framed where no incriminating material has been found in the search under Section 132 of the Act. Learned counsel for the appellant further submits that the aforesaid substantial questions of law have been answered by this Court in a bunch of appeals leading being Income Tax Appeal No. 51 of 2021 (Pr. Commissioner of Income Tax vs. M/s Shri Mehndipur Balaji) decided vide judgment and order dated 4.7.2022, wherein taking note of the Division Bench judgment of this Court dated 6.9.2016 in Income Tax Appeal No. 270 of 2014 (Commissioner of Income Tax Central Kanpur vs. Kesarwani Zarda Bha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r Section 153A of the Act, would make assessment and compute the total income of the assessee including the undisclosed income, notwithstanding the assessee had filed the return before the date of search which stood processed under Section 143(1)(a) of the Act ? 10. As is evident Section commenced with the words notwithstanding anything contained in Section 139, 147, 148, 149, 151 and 153, meaning thereby whatever has been provided in the aforesaid provisions that will not bar Assessing Officer in proceeding with the assessment or reassessment of total income for six assessment years, immediately preceding the assessment year relevant to the previous year in which such search is conducted or requisition is made. The word 'assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Consequently, we are of the opinion that in cases where the assessment or reassessment proceedings have already been completed and assessment orders have been passed, which were subsisting when the search was made, the Assessing Officer would be competent to reopen the assessment proceeding already made and determine the total income of the assessee. The Assessing Officer, while exercising the power under Section 153A of the Act, would make assessment and compute the total income of the assessee including the undisclosed income, notwithstanding the assessee had filed the return before the date of search which stood processed under Section 143(1)(a) of the Act. In the light of the aforesaid, the reasons given by the Tribunal that no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the aforesaid, the substantial questions of law involved in this appeal having been conclusively answered with the decision of this Court in the Income Tax Appeal No. 270 of 2014 (Commissioner of Income Tax Central Kanpur vs. Kesarwani Zarda Bhandar Sahson Alld.) alongwith the other connected appeals and the decision of this Court in the judgment and order dated 4.7.2022 in the Income Tax Appeal No. 51 of 2021 connected alongwith the other appeals (supra). In view of the admission of the learned counsels for the parties, the present appeal is admitted on the questions of law framed above and allowed with the consent of the learned counsels for the parties in terms of the judgment and order dated 4.7.2022 in Income Tax Appeal No. 5 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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