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TMI Blog2024 (8) TMI 1503X X X X Extracts X X X X X X X X Extracts X X X X ..... ange of information route, we find no ground to interfere with the view expressed by the Tribunal. - HON'BLE MR. JUSTICE YASHWANT VARMA HON'BLE MR. JUSTICE RAVINDER DUDEJA For the Appellant : Mr. Aseem Chawla, SSC with Ms. Pratishtha Choudhary Ms. Nivedita, Advs. For the Respondent : Mr. Ruchesh Sinha Ms. Monalisa Maity, Advs. ORDER 1. Having heard Mr. Chawla, learned counsel appearing for the appellant, and on going through the judgment rendered by the Income Tax Appellate Tribunal (Tribunal) , we find no merit in the instant appeal. 2. The Principal Commissioner of Income Tax PCIT, being aggrieved by the judgment dated 17 April 2023, posits the following questions of law for our consideration: 2.1 Whether on facts and circumstan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... v. Kabul Chawla 2015 SCC OnLine Del 11555. We deem it apposite to extract the following pertinent observations from that decision: 37. On a conspectus of section 153A(1) of the Act read with the provisos thereto, and in the light of the law explained in the aforementioned decisions, the legal position that emerges is as under: (i) Once a search takes place under section 132 of the Act, notice under section 153A(1) will have to be mandatorily issued to the person searched requiring him to file returns for six assessment years immediately preceding the previous year relevant to the assessment year in which the search takes place. (ii) Assessments and reassessments pending on the date of the search shall abate. The total income for such assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al assessment and the assessment under section 153A merges into one. Only one assessment shall be made separately for each assessment year on the basis of the findings of the search and any other material existing or brought on the record of the Assessing Officer. (vii) Completed assessments can be interfered with by the Assessing Officer while making the assessment under section 153A only on the basis of some incriminating material unearthed during the course of search or requisition of documents or undisclosed income or property discovered in the course of search which were not produced or not already disclosed or made known in the course of original assessment. 4. Undisputedly, the assessment was confined to Section 153A of the Income Ta ..... X X X X Extracts X X X X X X X X Extracts X X X X
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