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TMI Blog2021 (2) TMI 1294X X X X Extracts X X X X X X X X Extracts X X X X ..... r For the Appellant : Ms. Sunita Singh, CIT DR. For the Respondent : Sh. B.K. Dhingra, AR. ORDER PER K. NARASIMHA CHARY, JM. Challenging the order dated 15/9/2015 in appeal No. 221/15-16 passed by the learned Commissioner of Income Tax (Appeals)-XXVI, New Delhi ( Ld. CIT(A) ) in the case of SS Con Build Pvt. Ltd ( the assessee ) for the assessment year 2006-07, Revenue filed this appeal. 2. Brief facts of the case as could be culled out from the record are that search operations at the premises of the assessee were conducted on 20/10/2008 and pursuant to the notice issued under section 153A of the Income Tax Act, 1961 (for short the Act ), assessee filed return of income declaring nil income, as against which a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... earned Assessing Officer was not justified to assume jurisdiction under section 153A of the Act in the absence of any incriminating material of whatsoever nature that was seized during the search proceedings. Assessee further argued that the assessment without proper approval of the Additional CIT as required under section 153D of the Act was also bad. 4. By way of impugned order, Ld. CIT(A) accepted both the contentions of the assessee and allowed the appeal deleting the additions. Aggrieved by such an order Revenue preferred this appeal challenging the findings of the Ld. CIT(A) in respect of both these aspects. 5. It is the submission of the Ld. DR that the order of the Ld. CIT(A) is unsustainable on the ground that without decidin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on that ground the findings of the Ld. CIT(A) cannot be disturbed. He further submitted that Osho Forge Ltd. v. Commissioner of Income-tax, Central Ludhiana [2018] 93 taxmann.com 369 (Punjab Haryana) and in PCIT vs. Sunrise Finlease Pvt. Ltd in tax appeals numbers 936 and 937 of 2017 on the file of the Hon ble Gujarat High Court, the Hon ble courts held that lack of approval under section 153D of the Act would invalidate the assessment or reassessment, as the case may be. 7. We have gone through the record in the light of the submissions made on either side. It could be seen from the order dated 31/3/2014 in ITA No. 2590 /Del/ 2013, appeal preferred by the assessee, the assessee had taken a ground, vide ground No. 3 that the learned A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . ii. Assessments and reassessments pending on the date of the search shall abate. The total income for such AYs will have to be computed by the AOs as a fresh exercise. iii. 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 . iv. Although Section 153 A does not say that additions should be strictly made on the basis ..... X X X X Extracts X X X X X X X X Extracts X X X X
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