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TMI Blog2023 (5) TMI 552X X X X Extracts X X X X X X X X Extracts X X X X ..... ant Mr. S. Kejriwal, Adv. Mr. N. Mittal, Adv. ...for the respondent ORDER The Court :- It appears that there is a delay of twenty days in filing this appeal. We have perused the affidavit filed in support of the delay condone petition and we find that sufficient cause has been shown for not preferring the appeal within the period of limitation. Hence, the delay in filing the appeal is condon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) 79 Taxman 115 (SC) CIT -vs-RRJ Securities Ltd.? iii) WHETHER the Ld. Tribunal was unjustified in law in adjudicating the matter in favor of the assessee by citing the case of Veer Prabhu Marketing where notice was issued u/s 153 C and not u/s 153A as in this instant case ? iv) WHETHER ld tribunal has committed a gross error in relying on the judgement of CIT-Vs- Kabul Chawla in (2016) ITR ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Income Tax Act. The legal issue which has been raised by the revenue has been answered by the Hon'ble Supreme Court in the case of Principal Commissioner of Income Tax, Central-3 vs. Abhisar Buildwell [P] Ltd. reported in [2023] 149 taxmann.com 399 [SC]. The Hon'ble Supreme Court has summarised the legal position in paragraph 11 of the judgment and in paragraph 13 the Hon'ble Supreme Court has he ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ating material is found/unearthed, even, in case of unabated/completed assessments, the AO would assume the jurisdiction to assess or reassess the 'total income' taking into consideration the incriminating material unearthed during the search and the other material available with the AO including the income declared in the returns; and iv] in case no incriminating material is unearthed during t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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