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TMI Blog2021 (12) TMI 1514X X X X Extracts X X X X X X X X Extracts X X X X ..... section 153C of the Act covers the situation where an alleged incriminating document pertaining to an assessee is found during search at third party premises. The provisions of section 153C of the Act are non-obstante provisions and the same specifically excludes the operation of Section 147 of the act. Therefore, in our considered opinion, the AO in the present case has grossly erred in invoking ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Commissioner of Income Tax [Appeals] - 09, New Delhi dated 26.11.2019 pertaining to A.Y 2011-12. 2. The assessee has raised as many as five grounds of appeal but before us the ld. AR insisted upon Ground No. 1.3 which reads as under: 1.3 That on the facts and in the circumstances of the case and in law, Id CIT-A erred in sustaining the order passed by Ld AO u/s 147/143(3) without appreciat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 147 r.w.s 143(3) of the Act. It is also not in dispute that the reasons for reopening assessment relates to information/ evidences unearthed during the course of operation conducted on Shri Anand Kumar Jain and Shri Naresh Kumar Jain group of cases on 17.12.2015. 5. On these facts, it was incumbent upon the Assessing Officer to proceed against the assessee in light of provisions of section 153C of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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