2023 (7) TMI 1515

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....ting that the proceedings could not be valid, as assessment could have been made only under section 153C on the basis of the documents/Information found during the course of a search. 2. That the Ld. CIT (A) has erred in not appreciating that the proceedings initiated u/s. 147/ 148 are invalid and illegal as the reasons recorded do not reflect any tangible material on the basis of which the Assessing Officer could have reasons to believe that any income has escaped assessment. 3. That the Ld. CIT (A) has erred in not appreciating that the proceedings initiated u/s 147/148 are invalid and illegal as the reasons recorded do not reflect any satisfaction of the Assessing Officer regarding escapement of income but are based upon borrowed s....

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.... As against the order of the CIT (A) the assessee filed the present Appeal on the grounds mentioned above. 4. The Ld. Counsel for the assessee submitted that the order of the Lower Authorities are not sustainable as the assessment should have been made only u/s 153C of the Act since the reopening has been done on the basis of 'documents/information found during the course of search'. By placing reliance on the various judicial pronouncements the Assessee's Representative submitted that the assessment order and the order of CIT (A) deserves to be set aside. 5. Per contra, the Ld. Departmental Representative relied on the orders of the Lower Authorities. 6. We have heard both the parties and perused the material available on record. Th....

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....e Financial Year 2011-12 relevant to Assessment Year 2012-13, the said fact has been admitted by the Chairman of the Group in a concession recorded u/s 132(4) of the Act. The A.O. initiated reassessment proceedings u/s 147 of the Act on the basis of information received based on material qua, the assessee found during the search conducted on 27/06/2013 on Santosh Group of Institution, Ghaziabad. 8. It is the specific ground of the assessee that as per provision of Section 153C of the Act, person relating to whom some material is found in the search of some 'other person', should be assessed u/s 153C of the Act but the A.O. has invoked provision of Section 147 of the Act. The Co-ordinate Bench of the Tribunal in the case of Sushil Gaur Vs. ....

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....T, Amritsar decision in the case of ITO vs. Arun Kumar Kapoor (supra). In the present case before me, it is an admitted fact, as also evident from the reasons recorded and the assessment order that the initiation of reopening proceedings was made by the Assessing Officer on the basis of information available with the AO. I thus respectfully following the decision of Co-ordinate Bench of the ITAT, Amritsar in the case of ACIT vs. Arun Kapur - 140 TTJ 249 vs. (Amritsar) and the ITAT, Delhi decision in the case of Rajat Shubra Chatterji vs. ACIT, New Delhi ITA No 2430/Del/2015 dated 20.5.2016 hold that provisions of sec. 153C of the Act were applicable in the present case for framing the assessment, if any, which excludes the application of se....