TaxTMI 
TaxTMI 
2024 (6) TMI 1212
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....-XXX, New Delhi are bad in law and void ab initio. 2. That on the facts and circumstances of the case and in law the GIT(A) erred in confirming the addition of Rs. 50,00,000/- as Income from undisclosed sources. 3. That the order passed by the Assessing Officer, and confirmed by CIT (A), is bad on facts and in law in as much as it suffers from the vice of violation of the principles of natural justice and denial of opportunity of being heard, rendering the assessment void ab initio. 4. The appellant craves permission to add, amend, alter or vary all or any grounds 3. The assessee has also raised the following supplementing ground :- 1.1 That on the facts and circumstances of the case and in law, the order passed u/s 153A by the....
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....t in case of Kabul Chawla is squarely applicable in the present case. The Hon'ble Delhi High Court held as under :- "Summary of the legal position 37. On a conspectus of Section 153A(1) of the Act, read with the provisos 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 ....
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....all be made separately for each AY on the basis of the findings of the search and any other material existing or brought on the record of the AO. vii. Completed assessments can be interfered with by the AO while making the assessment under Section 153 A only on the basis of some incriminating material unearthed during the course of search or requisition of documents or undisclosed income or property discovered in the course of search which were not produced or not already disclosed or made known in the course of original assessment. Conclusion 38. The present appeals concern AYs, 2002-03, 2005-06 and 2006- 07. On the date of the search the said assessments already stood completed. Since no incriminating material was unearthed durin....