2025 (6) TMI 633

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....of Rs. 6,49,200/-, which was accepted by the Department without any modification or alteration. Thereafter the assessee received a notice under section 148 of the Act on 29.03.2019 proposing to reassess the income for the relevant assessment year and directing him to file return under section 148 in the prescribed form. The assessee complied with the notice under section 148 and filed return of income on 30.04.2019. The main allegation as per reasons recorded for reopening of assessment based on which the appellant's case was reopened was that as per information passed by the DDIT (Inv.), Unit-7(3), Delhi, the appellant had made cash payment of Rs. 3,34,000/- to M/s. Grihapravesh Buildtech Pvt. Limited on some unknown date towards purchase ....

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....f the appellant in proper perspective. (3) That, as the order of ld. CIT(A) suffers from illegality and is devoid of any merit, the same should be quashed and your appellant be given such relief (s) as prayed for. 5. I have heard both the sides. The ld. Counsel for the assessee has submitted written submission by saying that the ld. Assessing Officer has not valid jurisdiction to reopen the assessment of the assessee under section 147. Since the incriminating material was found during the search of a third party, the ld. Assessing Officer wants to make any assessment on the assessee, the only provision of section 153C of the Act is solely applicable and it excludes the application of sections 147 and 148 of the Act. Ld. Counsel ....

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....e ld. Assessing Officer as well as ld. CIT(Appeals). 7. I have perused the material available on record. It is an undisputed fact that the ld. Assessing Officer categorically mentioned in the reasons recorded for reopening was that the assessee made cash payment of Rs. 3,34,000/- to M/s. Grihapravesh Buildtech Pvt. Limited on some unknown date towards purchase considerations of residential flat at Noida and the incriminating material was found in the premises of the builder. Now the only question before me is that if any incriminating material was found and seized in the premises of a third person; Whether the ld. Assessing Officer can initiate the proceedings under section 147 of the Act or not? On this aspect, the ld. Counsel for the a....