2018 (1) TMI 1490

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....9/06/2012 arising in the matter of respective assessment orders passed under s. 153A r.w.s.143(3) of the Income Tax Act, 1961 (hereinafter referred to as "the Act"). 2. In all the five appeals, the assessee has raised a common ground whereby the assessee has challenged the jurisdiction usurped by the Assessing Officer (AO) under s.153A of the Act towards additions/disallowances made. In view of the preliminary objection of the assessee which seeks to put question mark over the legitimacy of the additions/disallowances made under s.153A of the Act, we deem it expedient to dispose of the aforesaid preliminary ground as it strikes to the root of the matter. 3. When the matter was called for hearing, the ld.AR for the assessee, at the out....

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....sment years have become time barred and were not pending for assessment at the time of search. Therefore, the regular assessment/deemed assessment stands concluded at the time of search relating to various assessment years in question survives and do not get abated. The Ld.AR submitted that in these facts, it is not permissible for the AO to invoke authority vested under s.153A of the Act to indulge in making routine examination of various items of income and expenditure filed and declared in the respective returns which has no correlation to incriminating material found in the course of search if any. For this proposition, the Ld.AR relied upon the decision(s) of the Hon'ble Gujarat High Court in the case of Pr. CIT v. Saumya Construct....

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....any material of incriminating nature found in the course of search which is genesis of proceedings under s.153A of the Act in the instant case. The appeal of the assessee thus hinges around one pertaining legal point as to whether, while making assessment under s.153A, the Revenue is entitled to interfere with the assessment concluded either under s.143(1) or under s.143(3) and not pending at the time of search in the absence of any incriminating material unearthed as a result of search. 6.1. On a bare perusal of assessment years in appeals and the composite order of the CIT(A) discussing issues connected with various additions/disallowances, we find total absence of reference to any incriminating material which may have any bearing to i....