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TMI Blog2020 (8) TMI 95X X X X Extracts X X X X X X X X Extracts X X X X ..... d are being disposed off by this consolidated order for the sake of convenience. 2. First we are taking up the assessee's appeals in both the cases. ITA Nos. 1754 & 1755/Del/2017 Assessment Years: 2010-11 & 2011-12 3. The Ld.AR for the assessee at the outset pointed out that the CIT(A) while deciding the captioned appeal had decided the issue on merits in favour of the assessee. However, he directed the Assessing Officer to initiate proceedings u/s 148 of the Act against the assessee. The said proceedings were initiated and matter travelled to the CIT(A) and thereafter, to the Tribunal. The Tribunal held that no re-assessment proceedings can be initiated against the assessee, consequent to the directions of the CIT(A). The case of the L ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ard together and are being disposed off by this consolidated order for the sake of convenience. 6. Briefly in the facts of the case search u/s 132 of the Act was carried out at the premises of the assessee on 16.01.2013. Thereafter, notice u/s 153A of the Act was issued to the assessee. The year under appeal before us are Assessment Years 2010-11 & 2011-12. Additions were made in the hands of the assessee u/s 68 of the Act by the Assessing Officer amounting to Rs. 4,95,00,000/- and Rs. 4,62,94,000/- in Assessment Years 2010-11 & 2011- 12 respectively. 7. The case of the assessee before CIT(A) was that since no incriminating material had been found justifying the aforesaid additions and also because the entries in respect of the parties ar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aised by the Revenue covers all the aspects of the issue raised before the Tribunal. In Ground No.3, second aspect of issue is raised. In the facts of the case, search u/s 132 of the Act was carried out at the premises of assessee on 16.01.2013. Thereafter, proceedings u/s 153A of the Act were initiated; in response to which the assessee filed return of income and the case of the assessee was taken up for scrutiny. The Assessing Officer in the assessment order passed u/s 153A r.w.s. 143(3) made the addition u/s 68 of the Act. 11. The Hon'ble Delhi High Court (supra) while deciding the fate of the proceedings u/s 153A of the Act had elaborated on the various aspects of the assessment proceedings which can be taken u/s 153A of the Act. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... otal income' of the aforementioned six years in separate assessment orders for each of the six years. In other words there will be only one assessment order in respect of each of the six AYs "in which both the disclosed and the undisclosed income would be brought to tax". iv. Although Section 153 A does not say that additions should be strictly made on the basis of evidence found in the course of the search, or other post-search material or information available with the AO which can be related to the evidence found, it does not mean that the assessment "can be arbitrary or made without any relevance or nexus with the seized material. Obviously an assessment has to be made under this Section only on the basis of seized material." I ..... X X X X Extracts X X X X X X X X Extracts X X X X
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