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TMI Blog2023 (6) TMI 1306X X X X Extracts X X X X X X X X Extracts X X X X ..... ondent : Shri V.M. Mahidhar, DR ORDER PER K. NARASIMHA CHARY, JM: Aggrieved by the order(s) passed by the learned Commissioner of Income Tax (Appeals)-11, Hyderabad, ("Ld. CIT(A)"), for the assessment year 2013-14, the assessees preferred these appeals, whereas ITA No. 52/Hyd/2022 (AY.2013-14) has been preferred by the assessee, Smt. Nirmala Agarwal against the order of learned PCIT (Central), Hyderabad under section 263 of the Income Tax Act, 1961 (for short "the Act"). Facts and the grounds of appeal involved in all these appeals are identical. We, therefore, deem it just and convenient to dispose of these appeals by way of this common order, taking the appeal of Smt. Prerana Agarwal in ITA No. 458/Hyd/2021 as a lead case. 2. Brief fa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (2015) 61 taxmann.com 412 (Delhi), no interference could be made with the concluded assessment, while making assessment under section 153A of the Act. 5. Learned CIT(A) did not agree with the contentions raised by the assessee and recorded that once the search warrant was executed, the assessment as provided under section 153A of the Act is mandatory, and such section does not limit the jurisdiction of the learned Assessing Officer to a seized material alone, but rather it very clearly provides from the abatement of pending proceedings as a kind of assessment which could be made, based on records and seized material or either. According to the learned CIT(A), if there is any subsequent information received, pending the completion of assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er contra, learned DR submits on behalf of the Revenue that section 153A of the Act does not limit the jurisdiction of the learned Assessing Officer to make the addition to the seized material alone and on the other hand, it is the bounding duty of the learned Assessing Officer to initiate proceedings under section 153A of the Act, the moment the search warrant is executed. According to the learned DR, there is no room from interpretation of this aspect and no discretion is left with the learned Assessing Officer to initiate or not initiate proceedings under section 153A of the Act in case of a search or, to limit his power to assess basing on the incriminating material alone. Learned DR placed reliance on several decisions reported in supp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... A of the Act, when no incriminating material was found. 9. As stated earlier, the return of income filed by the assessee for the assessment year 2013-14 on 27/07/2013 was processed under section 143(1) of the Act by 30/09/2014. Neither notice under section 143(2) of the Act was issued nor any proceedings were pending as on the date of search. Though the divergent views taken on this aspect are brought to our notice by both the counsel, the Hon'ble Supreme Court put a quietus to the issue by the decision in the case of PCIT vs. Abhisar Buildwell P. Ltd. (supra). While in complete agreement with the view taken by the Hon'ble Delhi High Court in the case of CIT vs. Kabul Chawla, (2015) 61 taxmann.com 412 (Delhi) and the Hon'ble Gu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... entioned under sections 147/148 of the Act and those powers are saved. 9.1. This decision applies to the facts of the case on all fours and respectfully following the same, we hold that since no incriminating material found in the case of assessee for the assessment year 2013-14, the concluded assessment cannot be disturbed and the addition made by the learned Assessing Officer and sustained by the learned CIT(A) cannot be upheld. We accordingly allow the appeal of assessee. 10. As far as the remaining appeals in ITA Nos. 459/Hyd/2021, 460/Hyd/2021, 461/Hyd/2021, 462/Hyd/2021, 463/Hyd/2021, 464/Hyd/2021, 352/Hyd/2022, 353/Hyd/2022 & 354/Hyd/2022 are concerned, facts are identical to the facts in the case of Prerana Agarwal (supra) except ..... X X X X Extracts X X X X X X X X Extracts X X X X
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