2015 (8) TMI 230

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..... ncome for six assessment years immediately preceding the assessment year relevant to the previous year in which year search is conducted or requisition is made. The income tax officer after making a valid requisition under Section 132A was to proceed and make an assessment in accordance with the procedure prescribed under Section 132B of the Act by making an assessment of that relevant assessment .....

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..... ner is a contractor and has a contract with the Indian Railways. The petitioner alleges that in order to pay wages to his workers, he was taking a sum of ₹ 2,80,000/- to the site when the same was seized by the Magistrate, Nawabganj from the petitioner's vehicle on 29th January, 2012. The petitioner was also directed by the Magistrate to approach the Additional Director, Income Tax, Alla .....

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..... tion) Income Tax, Allahabad and, upon drawing satisfaction, proceedings under Section 132A of the Act was initiated and a requisition of the amount seized by the district authorities was made. The money was accordingly, requisitioned and is now with the income tax department, based on which, notices under Section 153A of the Act was issued for reopening the assessment proceedings of six years. The .....

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..... where any assessment or reassessment has abated under the second proviso), specify the class for classes of cases in which the Assessing Officer shall not be required to issue notice for assessing or reassessing the total income for six assessment years immediately preceding the assessment year relevant to the previous year in which search is conducted or requisition is made. The said proviso .....

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..... o jurisdiction to reopen the assessment of the preceding years. Consequently, the notices dated 15th October, 2012 issued under Section 153A of the Act reopening the assessment proceedings for the year 2006-07 to 2011-12 are all quashed. Notice for making the assessment for the assessment year 2012-13 is valid. In the light of the aforesaid, the writ petition is partly allowed. - - TaxTM .....

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