TaxTMI 
TaxTMI 
2017 (4) TMI 57
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....respondents. 2. All these appeals have been filed by Income Tax Department ( hereinafter refereed to as "Revenue") under Section 260-A of Income Tax Act, 1961 (hereinafter referred to as "Act, 1961") arising from judgment and order dated 1st September 2014 deciding Income Tax Appeals No. 358 and 374 to 378/Alld./2013 and Income Tax Appeals No. 6 to 11/Alld./2014 relating to Assessment Years 2004-05 to 2009-10, by a common order. 3. The brief facts giving rise to these appeals may be narrated as under. 4. M/S Kesarwani Zarda Bhandar, Sahson, Allahabad a firm (hereinafter referred to as "Assessee") came into existence in 1967, for manufacturing branded chewing tobacco known as 'Zarda' which is an excisable item. 5. For Assessment ....
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....in the case of CIT Vs. Raj Kuamr in ITA No. 56 of 2011 wherein it is held that the Assessing Officer has the power to re-assess the returns of the assessee not only for the undisclosed income, which was found during the search operation but also with regard to the material that was available at the time of original asseessment. (2) Whether in view of the law laid down by this Hon'ble Court in the case of CIT Vs. Raj Kumar ( supra), the Assessing Officer would be competent to re-open the assessment proceedings 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 undi....
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....ately preceding the assessment year relevant to the previous year in which such search is conducted or requisition is made : Provided that the Assessing Officer shall assess or reassess the total income in respect of each assessment year falling within such six assessment years: Provided further that assessment or reassessment, if any, relating to any assessment year falling within the period of six assessment years referred to in this pending on the date of initiation of the search under section 132 or making of requisition under section 132A, as the case may be, shall abate: (2) If any proceeding initiated or any order of assessment or reassessment made under sub-section (1) has been annulled in appeal or any other legal proceedi....
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....ent has already been finalized. There is inherent hint in Section 153A and there is no reason to restrict its scope. Tribunal has relied on the decision of Special Bench of Mumbai Tribunal in All Cargo Global Logistics Ltd. Vs. DCIT, 147 TTJ 513 wherein it was held that no addition can be made for any assessment year under Section 153A, the assessment which, is not pending on the date of search, unless any incriminating material is found in the course of search. Tribunal has decided the issue in favour of Assessee and deleted all the additions made in assessment orders up for consideration in various appeal for Assessment Years 2004-05 to Assessment Year 2007-08. 11. We find that this issue has now been finalized by a Division Bench of t....