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TMI Blog2018 (10) TMI 1887X X X X Extracts X X X X X X X X Extracts X X X X ..... fore the date of search was terminated by operation of law. In other words, no assessment proceeding was pending on 03.09.2013 being the date of search. This Tribunal is of the considered opinion that when the assessment proceeding is not pending on the date of search, the Assessing Officer can assess or re-assess the income only on the basis of material found during the course of search operation. In this case, admittedly, there was no material found during the course of search operation, therefore, this Tribunal is of the considered opinion that in view of the judgment of Apex Court in Meeta Gutgutia [ 2018 (7) TMI 569 - SC ORDER ] the Assessing Officer cannot initiate proceeding under Section 153A of the Act. - Decided against reven ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this Tribunal in All Cargo Global Logistics Ltd. v. DCIT (2012) 137 ITD 287. The Ld. D.R. submitted that even though no material was found during the course of search operation, when there was a search, the Assessing Officer was expected to complete the assessment under Section 153A of the Income-tax Act, 1961 (in short 'the Act'). The Ld. D.R. placed her reliance on the judgment of Kerala High Court in CIT v. St. Francis Clay D cor Tiles (2016) 70 taxmann.com 234 and also on the judgment of Karnataka High Court in Canara Housing Development Co. v. DCIT (2014) 49 taxmann.com 98. Therefore, according to the Ld. D.R., the CIT(Appeals) is not justified in allowing the claim of the assessee on the ground that no material was found durin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der Section 143(1) of the Act and no assessment order was passed under Section 143(3) of the Act. In the meantime, there was search under Section 132 of the Act on 03.09.2013. On the date of search, the time limit for issuing notice under Section 143(2) of the Act had expired. Therefore, it is obvious that the return filed by the assessee before the date of search was terminated by operation of law. In other words, no assessment proceeding was pending on 03.09.2013 being the date of search. Therefore, this Tribunal is of the considered opinion that when the assessment proceeding is not pending on the date of search, the Assessing Officer can assess or re-assess the income only on the basis of material found during the course of search opera ..... X X X X Extracts X X X X X X X X Extracts X X X X
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