2022 (6) TMI 1381

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....ere heard together are disposed of by this common order for the sake of convenience and brevity. 3. The common grievance in respect of all these appeals relate to the addition made by the AO on account of foreign travelling expenses as unexplained expenditure u/s. 69 C of the Act in Assessment Order framed u/s. 153 A of the Act. 4. Briefly stated the facts of the case are that a search and seizure operation was conducted by the Investigation Wing of the Department on 18.11.2016 in Nayyar Group of cases. The assessee's residential premises were also covered. Notice u/s. 153 A was issued and served upon the assessee in response to which the assessee filed his return of income. 5. During the assessment proceedings it came to the notice of t....

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....ctus of Section 153 A(1) of the Act, read with the provisions thereto, and in the light of the law explained in the aforementioned decisions, the legal position that emerges is as under : i. Once a search takes place under Section 132 of the Act, notice under Section 153 A (1) will have to be mandatorily issued to the person searched requiring him to file returns for six AYs immediately preceding the previous year relevant to the AY in which the search takes place. ii. Assessments and reassessments pending on the date of the search shall abate. The total income for such AYs will have to be computed by the AOs as a fresh exercise. iii. The AO will exercise normal assessment powers in respect of the six years previous to the relevant....