2018 (5) TMI 2115

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.... Puneet Rai, Advocates for respondents in all matters. O R D E R In these petitions the validity of Section 153C of the Income Tax Act, 1961 (hereinafter referred to as 'the Act') has been challenged on various grounds. These proceedings were entertained and the following common order was made on 18.03.2014:- "CM No. 3573/2014 in W.P.(C) 1708/2014, CM No.3575/2014 in W.P.(C) 1709/2014, CM No. 3577/2014 in W.P.(C) 1710/2014, CM No. 3690/2014 in W.P.(C) 1769/2014, CM No. 3692/2014 in W.P.(C) 1770/2014 and CM No. 3694/2014 in W.P.(C) 1771/2014 The exemptions are allowed subject to all just exceptions. W.P.(C) 1708/2014 & CM No. 3572/2014, W.P.(C) 1709/2014 & CM No. 3574/2014, W.P.(C) 1710/2014 & CM No. 3576/2014, W.P.(C) 1769/2014 & CM....

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....he power to assess and reassess the 'total income' of the aforementioned six years in separate assessment orders for each of the six years. In other words there will be only one assessment order in respect of each of the six AYs "in which both the disclosed and the undisclosed income would be brought to tax". iv. Although Section 153 A does not say that additions should be strictly made on the basis of evidence found in the course of the search, or other post-search material or information available with the AO which can be related to the evidence found, it does not mean that the assessment "can be arbitrary or made without any relevance or nexus with the seized material. Obviously an assessment has to be made under this Section o....