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TMI Blog2019 (4) TMI 1232X X X X Extracts X X X X X X X X Extracts X X X X ..... dditions for any of the years under consideration could have been sustained. In that view of the matter, keeping other conclusions of the Tribunal aside, the additions were correctly deleted. This view is taken by Delhi High Court in the case of Commissioner of Income Tax V/s. Kabul Chawla [ 2015 (9) TMI 80 - DELHI HIGH COURT] - no question of law arises - Decided against revenue - INCOME T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essment u/s. 153C by holding that legislature has not provided for making assessment for all six years and that provisions of section 153C can be invoked only for assessment years in respect of which valuable, books of accounts/documents, etc. have been seized on requisitioned which have a bearing on determination of total income of the assessee? 2. The Assessing Officer had initi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... whereas section 153C comes into play only upon proving that during course of search some incriminating material pertaining to a third party is found. In other words section 153A provides for making an assesment in respect of each assessment year falling within six assessment years, upto the date of search, whereas section 153C refers to issuance of notice on such other person only if the Assessin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed 24.9.2014). where the years involved were A.Y.s 2004-05 to 2006-97, explaining the amendment to section 153C by Finance (No.2) Act, 2014 to be clarificatory and thus, retrospective. 15. In the instant case, the Special counsel appearing on behalf of the Revenue admitted that there is no incriminating material which has a bearing on determination of total income of the assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X
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