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TMI Blog2011 (8) TMI 1238X X X X Extracts X X X X X X X X Extracts X X X X ..... AM The present appeal is directed against the order of the Commissioner of Income tax (Appeals), Kolhapur dt. 17-7-2007 for the assessment year 2004-05. At the very out set, Ld Counsel for the assessee brought to attention the letter dated 7.6.2011 and the additional ground mentioned therein. The said additional ground read as follows. On the facts and circumstances of the case and in law the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ported in 7 Taxmann 111 (Indore) (2010). The following is the written text of the Counsel for the assessee. 3. In this regard, the learned counsel for the assessee mentioned that the assessee is an onion merchant and commission agent. He was searched by the department on 19-11-2003 relevant to the assessment year 2004-05. Referring to the assessment order, the learned counsel demonstrated that as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion and requisition is issued and search is conducted and panchanama is drawn, the completed assessment for all the relevant assessment years would get reopened irrespective of whether any incriminating material is found or not in relation to a particular assessment year. In other words, even if the material found shows the concealment in only one year, all the completed assessment falling in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y is found at the time of search without there being incriminating material or document for any other year or years, even then all the six assessments preceding the assessment year in which search took place shall get reopened. Similarly, if requisition is made then irrespective of whether there is anything incriminating found against him in relation to other year or years or not, the assessee has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d in favour of the assessee making the assessment order invalid. Accordingly, the additional ground is allowed. 6. Regarding original grounds raised in the appeal, we find the adjudication of the same is merely an academic exercise in view of the finding on the additional ground. Therefore, these grounds are dismissed as academic. 7. In the result, the appeal of the assessee is par ..... X X X X Extracts X X X X X X X X Extracts X X X X
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