2019 (5) TMI 1056

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....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 Act, 1961 [hereinafter referred to as 'the....

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....7) 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 evaluating incriminating materials. This aspect, in the opinion ....