2019 (5) TMI 1056

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....venue : Shri Abhiskek Kumar, Sr. DR ORDER PER N.K. BILLAIYA, ACCOUNTANT MEMBER, This appeal by the assessee is preferred against the order of the Commissioner of Income Tax [Appeals] 27, New Delhi dated 10.01.2018 pertaining to assessment year 2008-09. 2. The solitary grievance raised by the assessee is that the CIT(A) erred in upholding penalty levied u/s 271(1)(c) of the Income-tax A....

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....in case of Pro.CIT vs. Ram Avtar Verma, reported in (2017) 88 Taxmann.com 666, has held as under: "4. The Revenue urges that the non-obstante clause in Section 153A together with Section 158BD removes the barrier vis-a- vis restriction upon search assessments being confined to "undisclosed income". In other words, it is stated that none of the provisions confine the enquiry of the AO to e....

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.... Revenue could possibly have faced hurdles in regard to unadopted/current assessment years as well as reassessment proceedings pending at the time of the search in respect of which proceedings were to be completed under Sections 153A/ 153C. Having regard to the above directions, we are of the opinion that the ITAT decision does not call for interference. Both appeals are accordingly dismissed." ....