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TMI Blog2016 (8) TMI 813X X X X Extracts X X X X X X X X Extracts X X X X ..... ances made by the assessing officer were upheld by the CIT(A) but the learned Tribunal deleted those disallowances. - ITA 661/2008 - - - Dated:- 4-8-2016 - Girish Chandra Gupta And Arindam Sinha, JJ. For the Appellant : Mr. Nizamuddin, Adv. appears with Ms. J. Roy Mukherjee, Adv. For the Respondent : Mr. N. Jain, Adv. appears with Mr. A. Majumder, Adv. ORDER The Court : The subject matter of challenge is a judgment and order dated December 28, 2007 by which the learned Income Tax Appellate Tribunal, E Bench, Kolkata, in ITA No.2172 and 2174/Kol/2006, pertaining to the assessment years 1998-99 and 1999-2000, and I.T.(SS) A. Nos.61-63/Kol/2007, pertaining to the assessment years 2001-02, 2002-03 and 2003-04, allowed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... would not be made u/s.153A of the I.T. Act? Mr. Jain, learned Advocate appearing for the assessee, submitted as follows: (a) The assessment under section 153C read with section 153A read with section 144 of the Income Tax Act was altogether without jurisdiction because such assessment was made for all the five years on the basis of survey conducted under section 133A of the Income Tax Act. He submitted that the power under section 153C read with section 153A cannot be exercised on the basis of any discovery made during survey under section 133A. (b) His next submission was that in any event, during the survey, no incriminating material was found which may have led the revenue to exercise power under section 153C read with secti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rence to the date of receiving the books of account or documents or assets seized or requisitioned by the Assessing Officer having jurisdiction over such other person :] [Provided further that the Central Government may by rules made by it and published in the Official Gazette, specify the class or classes of cases in respect of such other person, 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 except in cases where any assessment or reassessment has abated.] He contended that even when assessment is made on the basi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nce should be recorded by the Assessing Officer having jurisdiction over the searched persons and communicated to the Assessing Officer having jurisdiction over such third party along with the seized documents and other incriminating materials on the basis of which the Assessing Officer having jurisdiction over such third party would issue notice under Section 153C. On receipt of the aforesaid material, the Assessing Officer having jurisdiction over such third party would proceed against the said third party. Thus, where no material belonging to a third party is found during a search, but only an inference of an undisclosed income is drawn during the course of enquiry, during search or during post-search enquiry, Section 153C would have no ..... X X X X Extracts X X X X X X X X Extracts X X X X
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