2025 (5) TMI 1672

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.... Abhisek Singhvi, Advocates. For the Respondent Through: Mr Abhishek Maratha, SSC, Mr Apoorv Agarwal, Mr Parth Samwal, JSCs, Ms Nupur Sharma, Mr Gaurav Singh, Ms Muskaan Goel, Mr Bhanukaran Singh Jodha, Advocates VIBHU BAKHRU, J. (ORAL) 1. The appellant [Assessee] has filed the present appeal under Section 260A of the Income Tax Act, 1961 [the Act], inter alia, impugning an order dated 25....

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....Aggrieved by the same, the Assessee had filed an appeal before the learned ITAT, which was partly allowed by the impugned order. A plain reading of the impugned order indicates that the learned ITAT had held that the assessment was pursuant to the search that was conducted on 14.11.2011 and was in respect of unabated assessment and, therefore, the said assessment could be reopened for reassessment....

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....r, the CIT(A) initiated proceedings under Section 263 of the Act, which culminated into the order dated 20.03.2012 wherein the assessment order dated 24.12.2009 was set aside on certain issues and the AO was directed to pass fresh assessment order. In the meanwhile, a search was conducted in the premises of the Assessee under Section 132 of the Act. Pursuant to the said search, a notice dated 19.1....

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.... with law. The power of the AO to frame the assessment is not conditional on incriminating material being found during the search proceedings. This is obvious because in case of abated assessment, the initial assessment does not exist and a fresh assessment is required to be made. However, in case of concluded assessments, the proceedings initiated under Section 153A may be called in question on a....