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TMI Blog2021 (9) TMI 652X X X X Extracts X X X X X X X X Extracts X X X X ..... issue by holding that, completed assessment can be interfered by the AO while making assessment u/s 153A only on the basis of some incriminating material unearthed during the course of search or requisition of documents or undisclosed income or property discovered in the course of search, which were not there in the course of original assessment . - Decided against revenue. - ITA No. 1973/Del./2017 - - - Dated:- 14-9-2021 - SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER And SHRI KULDIP SINGH, JUDICIAL MEMBER ASSESSEE BY : SHRI K. SAMPATH, ADVOCATE REVENUE BY : SHRI H.K. CHOUDHARY, CIT DR ORDER PER KULDIP SINGH, JUDICIAL MEMBER : Appellant, ACIT, Central Circle 14, New Delhi (hereinafter referred to as the Revenue ) b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... deleting the addition of disallowance of ₹ 2,56,048/- on account of depreciation. 7. The CIT(A) has erred on facts and in law in deleting the addition of ₹ 36,23,497, ₹ 39,11,364/-, ₹ 2,37,19,300/- and Rs.l,00,00,000/- 2. Briefly stated the facts necessary for adjudication of the controversy at hand are : On the basis of search and seizure operation carried out on DSC Group including assessee on 28.08.2012, assessment has been framed u/s 153A/143(3) of the Income-tax Act, 1961 (for short the Act ) by making additions on account of excess amortization, interest to the extent of 50% depreciation to the tune of ₹ 19,97,747/-, ₹ 38,56,433/- ₹ 2,56,048/- respectively and thereby assessed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... will have to be completed by the AOs as a fresh exercise. c) The AO will exercise normal assessment powers in respect of the six years previous to the relevant AY in which the search takes place. The AO has the power to assess and reassess the 'total 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. d) Although Section 153A 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 c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ring the search, no additions could have been made to the income already assessed. (xxv) The question framed by the Court is answered in favour of the Assessee and against the Revenue. (xxvi) The appeals are accordingly dismissed but in the circumstances no orders as to costs. 11. In view of above analysis of legal view on the issue, the AO couldn't have proceeded to frame assessment u/s 153A in respect of year under consideration as no incriminating documents/assets have been found during search operation pertaining to this year. This ground of appeal, is therefore, allowed. Since the assessment framed has been held to be without jurisdiction, the rest of the grounds of appeal become academic in nature and not ..... X X X X Extracts X X X X X X X X Extracts X X X X
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