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TMI Blog2018 (5) TMI 2115X X X X Extracts X X X X X X X X Extracts X X X X ..... . Puneet Rai, Advocates for respondents in all matters. O R D E R In these petitions the validity of Section 153C of the Income Tax Act, 1961 (hereinafter referred to as 'the Act') has been challenged on various grounds. These proceedings were entertained and the following common order was made on 18.03.2014:- "CM No. 3573/2014 in W.P.(C) 1708/2014, CM No.3575/2014 in W.P.(C) 1709/2014, CM No. 3577/2014 in W.P.(C) 1710/2014, CM No. 3690/2014 in W.P.(C) 1769/2014, CM No. 3692/2014 in W.P.(C) 1770/2014 and CM No. 3694/2014 in W.P.(C) 1771/2014 The exemptions are allowed subject to all just exceptions. W.P.(C) 1708/2014 & CM No. 3572/2014, W.P.(C) 1709/2014 & CM No. 3574/2014, W.P.(C) 1710/2014 & CM No. 3576/2014, W.P.(C) 1769/2014 & C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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". 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... subject matter in several other Division Bench judgments including the judgments in the cases of 'Commissioner of Income Tax vs. Super Malls Pvt. Ltd.', 393 ITR 557 (Del.), 'Commissioner of Income Tax vs. Nau Nidh Overseas Pvt. Ltd.', 394 ITR 753 (Del.), 'Commissioner of Income Tax-7 vs. RRJ Securities Ltd.', 380 ITR 612 (Del.) and 'ARN Infrastructures India Ltd. vs. Assistant Commissioner of Income Tax', WP(C) No.2768/2016 decided on 25.04.2017. In the light of these subsequent developments, the Court is of the opinion that the challenge to the provisions of Section 153 of the Act has been rendered academic to an extent since these judgments have tempered in the condition of the use of statutory powers as it were. Consequently, the Revenu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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