9911796707
TMI Blog2024 (12) TMI 246X X X X Extracts X X X X X X X X Extracts X X X X ..... be used against the assessee herein in the present reopened proceedings, any proceeding against the assessee using such information could be proceeded only under section 153C. Whereas, in the instant case, based on the information received from the investigation wing, the assessment of the assessee for assessment year 2013-14 was sought to be reopened by AO u/s 147. Now, when the search material of a third party is sought to be used against a non-searched person, then the right recourse available to the revenue would be to proceed only u/s 153C of the Act and not under section 147 of the Act. This issue is no longer res integra in view of the decision of this tribunal in the case of ACIT vs Shri Deepak Gambhir [ 2024 (7) TMI 1560 - ITAT DE ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Income-tax Act, 1961 (hereinafter referred to as the Act ) dated 29.12.2019 by the Assessing Officer, ITO- 22(4), Delhi. 2. Identical issues are involved in all these appeals and hence they are taken up together and disposed of by this common order for the sake of convenience. 3. We find that assessee in its cross objections for assessment year 2013-14 vide ground No. 12 had raised specifically that in the instant case material found during the course of a search of a third party has been used against the assessee in the reopened proceedings under section 147 of the Act, instead of proceeding under section 153C of the Act. Since this issue goes to the root of the matter, we deem it fit to address this ground first. 4. We have heard the riva ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sue is no longer res integra in view of the decision of this tribunal in the case of ACIT vs Shri Deepak Gambhir in ITA No. 2466/Del/2023 dated 8-7-2024, wherein it was held as under:- It is not in dispute that the addition of Rs. 3,64,21,799/- has been made based on incriminating material found in the course of search of M/s Alankit Group as information pertaining to the assessee herein. Hence, the same becomes a search materialv incriminating material found during the course of search of Mis Alankit Group which pertains to assessee herein. Hence, the right course of action to be initiated on the assessee qua such incriminating material would be initiation of proceedings u/s 153C of the Act and not u/s 147 of the Act. 6. In view of the afo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... R OF INCOME TAX 24 (1), MUMBAI, UNION OF INDIA, 2023 (5) TMI 281-BOMBAY HIGH COURT, Dated.- May 4, 2023 M/S RAVI NIRMAN NIGAM LIMITED VERSUS DCIT-CIRCLE-13 (3) (1) MUMBAI, 2022 (6) TMI 256ITAT MUMBAI, dated April 27, 2022. SAMBHAVNATH INFRABUILD AND FARMS PVT. LTD., (SUCCESSOR TO LODHA CENTRAL CIRCLE-7(3), MUMBAI, 2022 (1) TMI 735- ITAT MUMBAI. Dated.- January 6, 2022. 6. Admittedly, the assessment in this case was made by the Learned AO under section 147 of the Act by treating the sum of Rs 4,49,96,788/- as unexplained cash credit under section 68 of the Act by using the search material received in the case of Shri Anand Kumar Jain and Shri Naresh Kumar Jain treating it as accommodation entry. Hence, the ratio decidendi laid down in the af ..... X X X X Extracts X X X X X X X X Extracts X X X X
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