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TMI Blog2019 (8) TMI 366X X X X Extracts X X X X X X X X Extracts X X X X ..... n u/s 139(1). Meaning thereby, in short, it is as clear as noon of the day that even after filing of the return u/s 153 , in fact, originally declared and demand raised thereon remains alive. There is no statutory provision under the Income Tax Act, 1961, which provides that in case search was conducted/assessment proceeding under Section 153A has been initiated, then, the tax, which remains unpaid by the assessee for the same period, cannot be recovered from the assessee. In the considered opinion of this Court, the ground raised by the petitioner for quashment of notice by taking into account Section 153A does not arise. It is not the case of the petitioner that the notice is without jurisdiction. It is admitted position that till t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -12. On 26.2.2018, a survey under Section 132-A of the Act 1961 was conducted at the factory premises of the petitioner and even before issuance of notices under Section 226 (3) of the Act 1961, for the purposes of recovering the outstanding demand. The Tax Recovery Officer of the Income Tax Department also issued a summon under Section 131 of the Act, 1961. For the Assessment Years 2005-06 to 2013-14, ₹ 10,02,79,885/- had been due from the company. On the next day, the survey culminated into a search and seizure operation under Section 132 of the Act 1961. Respondent No.2 issued notice under Section 153-A of the Act 1961 to prepare true and correct return of total income for the Assessment Years 2012-13, 2013-14, 2014-15, 2015-16, 20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Assessing Officer shall assess or reassess the total income in respect of each assessment year falling within such six assessment years: Provided further that assessment or reassessment, if any, relating to any assessment year falling within the period of six assessment years referred to in this [sub-section] pending on the date of initiation of the search under section 132 or making of requisition under section 132A, as the case may be, shall abate: [Provided also that the Central Government may by rules made by it and published in the Official Gazette (except in cases where any assessment or reassessment has abated under the second proviso), specify the class or classes of cases in which the Assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is finalised, there are no pending proceedings to be abated, and restored to the file of the assessing officer. 6. First proviso to the Clause B of Section 153A(1) provides that assessing officer shall assess or reassess the total income of each of six assessment years. Second proviso contemplates that if any of the aforesaid six assessments is pending on the date of initiation of the search or making of requisition, the same shall abate. 7. In the present case, it is true that a notice was issued under Section 153 of the Act. The petitioner was asked to furnish true and correct particulars of income including the income, which was included by the petitioner in the original return while finalizing the tota ..... X X X X Extracts X X X X X X X X Extracts X X X X
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