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TMI Blog2017 (2) TMI 581X X X X Extracts X X X X X X X X Extracts X X X X ..... assing observation made by the learned Tribunal that the said power could not be invoked, for regular assessment that had already been completed under Section 143(3) of the Act, would not give rise to a substantial question of law. The issue is not with regard to the scope and ambit of Section 143(3) of the Act; it is specifically with regard to the power prescribed under Section 153C of the Act. To the limited issue of the ambit and scope of Section 153A of the Act, the learned Tribunal has correctly expressed its opinion. - Decided against revenue - Income Tax Appeal No. 100059/2015 - - - Dated:- 13-1-2017 - Raghvendra S. Chauhan And Sreenivas Harish Kumar, JJ. For the Petitioner : Sri Y. V. Raviraj, Advocate For the Responde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Act was issued to the assessee. In response to the said notice, on 19.12.2008 the assessee filed a return of income tax declaring her income as ₹ 10,56,520/-. On 28.04.2009, a notice under Section 143(2) was also issued to the assessee. On 10.08.2009, a notice under Section 142(1) accompanied with a questionnaire was also issued to the assessee. In response to the said notice, the assessee appeared before the Assessing Officer. The assessee was asked to explain the receipt of ₹ 90,00,000/- by way of gift from Harish Wadava of Dubai. Despite the explanation given by the assessee, the Assessing Officer was of the opinion that the gift is not a genuine one. Therefore, the amount of ₹ 90,00,000/- should be added to the asses ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the learned Tribunal is not justified in concluding that since a regular assessment had already been completed under Section 143(1) of the Act, the proceedings under Section 153A of the Act could not be initiated. According to the learned counsel, in case of a search conducted under Section 132 of the Act, and in case incriminating evidence is discovered qua any person, other than the person whose premises is searched, then under Section 153C of the Act, the Revenue is entitled to reopen the case of such person. Therefore, the department was justified in reopening the case of the assessee in the present case. Secondly, the stand taken by the assessee before the learned Tribunal that since no incriminating evidence was discovered qua her ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pleted. Secondly, therefore, the issue before the learned Tribunal, which is a legal issue, was whether the Assessing Officer has the power under Section 153C of the Act, to reassess the income, even if there was no incriminating evidence found against the assessee during a search under Section 132 of the Act or not? The said legal issue could be raised by the assessee even at the appellate stage. Thirdly, this was the only issue that was taken up by the learned Tribunal. According to the learned counsel, the learned Tribunal was justified in holding that the power under Section 153C of the Act could not be invoked in the absence of any incriminating evidence against the assessee during the search under Section 132 of the Act. Moreove ..... X X X X Extracts X X X X X X X X Extracts X X X X
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