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TMI Blog2018 (11) TMI 475X X X X Extracts X X X X X X X X Extracts X X X X ..... . In the absence of search under s.132 of the Act, the consequential or incidental assessment proceedings under s.153C of the Act will not, in our view, entitle the AO to usurp jurisdiction under s.271AAB of the Act for the purposes of imposition of penalty. - decided against revenue. - I.T(SS).A. Nos. 73 And 74/Ahd/2017 - - - Dated:- 1-11-2018 - SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER AND SHRI MAHAVIR PRASAD, JUDICIAL MEMEBR For The Appellant : Shri Mudi t Nagpal, Sr . D.R. For The Respondent : None ORDER PER PRADIP KUMAR KEDIA - AM: The captioned appeals have been filed at the instance of the Revenue against common order of the Commissioner of Income Tax (Appeals)-12, Ahmedabad ( CIT(A) in short), ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or the assessment years in question before the CIT(A). The CIT(A) however found that the AO lacked jurisdiction to invoke the provisions of Section 271AAB of the Act which is not applicable unless a search action under s. 132 of the Act has been initiated in the case of the assessee itself. The CIT(A) accordingly found that Section 271AAB of the Act is not applicable in the case of the assessee at the first instance. The operative portion of the order of the CIT(A) is reproduced hereunder for ready reference: 5. I do not think the plain and unambiguous language permits any creative and imaginative reading as has been resorted to by the Ld. AO. The provisions of section 271AAB are clearly applicable, as has been urged by the Ld. AR, onl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in Section 271AAB(1) clearly provides that the AO may direct the assessee to pay a sum by way of penalty at specified percentage where undisclosed income of the specified previous year has been detected as a result of search under s.132 of the Act. Section 271AAB(1)(a) however simultaneously provides concessional treatment in the matter of penalty under s.271AAB where the assessee admits the undisclosed income in a statement under sub-section 4 of Section 132 of the Act subject to fulfillment of other conditions with which we are presently not concerned with. Therefore, it is manifest that applicability of Section 271AAB is integrally connected to search under s.132 of the Act. In the absence of search under s. 132 of the Act, the assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X
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