2012 (10) TMI 1104

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....with Section 153A of the Act.     Ld. CIT(A) has dealt the issue as under: "In the grounds of appeal Nos.1 to 4, the appellant has challenged the Assessing Officer's action in framing the assessment u/s 153C r.w.s. 153A of the I.T. Act. The appellant submitted that in the earlier assessment years, the Hon'ble ITAT has quashed the assessments framed by the Assessing Officer u/s 153C r.w.s. 153A of the I.T. Act vide order No.ITA No.2938-2942/Ahd/2008 dated 16.01.2009. It was contended that relying on the Hon'ble ITAT decision, supra, the impugned assessment order should also be quashed. I have considered the submissions of the appellant. It is noticed that the impugned assessment has been framed by the As....

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....ce in this case on 22.09.2005 i.e. the year under appeal. Therefore, the ratio as laid down by Hon'ble Tribunal in the case of Dr. Mansukh Kanjibhai Shah (supra) is squarely applicable to the facts of this case. Relevant portion of the said decision read as under: "9.1 Section 153A of the IT Act starts with the word "notwithstanding anything contained", it is non-obstante clause. For applicability of above provision, the initiation of search is necessary. Once a warrant of authorization or requisition is issued and search is conducted and panchnama is drawn, the completed assessments for the all the relevant years would get reopened irrespective of whether any incriminating material is found or not in relation to a particular AY. I....

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.... 9.2 The above provision, therefore, provides for reopening of the completed assessment or abatement or the pending assessments takes place irrespective of whether any incriminating material is found during the course of search or not. It can be illustrated by taking an example that if during the course of search and seizure proceedings, certain unaccounted valuables or money is found at the time of search without there being incriminating material or document for any other year or years, even then all the six assessments preceding the assessment year in which search took place shall get reopened. Similarly, if requisition is made then irrespective of whether there is anything incriminating found against him in relation to other year or ye....