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TMI Blog2024 (7) TMI 1576X X X X Extracts X X X X X X X X Extracts X X X X ..... ning to or information contained therein related to, appears correct preposition of law as the AO was very well aware about Section 153C of the Act while issuing the notice under Section 148 of the Act which was in the year of 2016 i.e. after the amendment i.e. 01.06.2015. The decision of the Hon ble Supreme Court in Vikram Sujitkumar Bhatia [ 2023 (4) TMI 296 - SUPREME COURT] though is subsequent to the order passed by the CIT(A), ultimately it is the provisions of Section contemplated and which incorporated in the Act which was in the year 2015 which is much prior to the decision of the CIT(A). Thus, the additional ground taken by the assessee is allowed. On merits it appears that the comments related to the merits of the case is also imp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... CIT(A) has erred in law and on facts in holding that the AO was justified in making the addition of Rs.8,14,200/- and in upholding the said addition. 2. The Ld. CIT(A) has further erred in law and on facts in not dealing with the specific contentions raised before her and in recording incorrect finding that the case law cited in support of each contention was distinguished on facts. 3. On the facts and in the circumstances of the case and in law the learned CIT(A) ought not to have upheld the addition of Rs.8,14,200/- and ought to have deleted the same. 4. It is therefore prayed that the orders of the lower authorities may be set aside and the addition of Rs.8,14,200/- may be deleted. 3. The assessee has also raised the following additional ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r, notice under Section 142(1) of the Act was issued on 06.06.2016 and served upon the assessee thereby the assessee was required to furnish the details as per notice issued under Section 148 of the Act. The assessee did not attend the proceedings and not filed any details. The Assessing Officer observed that an intimation in respect of proceedings under Section 132A was issued on 09.03.2015 in the case of Narayan Sai and Asaram Bapu has been received from DDIT (Inv.) and the Promissory Note was found towards the assessee Ghanshyam against the cash loan of Rs.20,00,000/- on 03.08.200. However, on verification of computation of total income for Assessment Year 2009-10, it is noticed that the assessee has not mentioned any such transaction. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e assessee filed appeal before the CIT(A). The CIT(A) dismissed the appeal of the assessee. 6. The assessee has taken additional ground in respect of the specific bar provided under Section 153A/153C of the Act and hence, the Ld. AR submitted that the proceedings initiated under Section 147 of the Act are not valid in law. The Ld. AR further submitted that the assessment made in pursuance of the invalid proceedings under Section 147 of the Act and illegal notice under Section 148 of the Act is void ab initio and, therefore, liable to be annulled. The Ld. AR further submitted that the Assessing Officer in reason for reopening the assessment, referred to the alleged incriminating documents, being a Promissory Note and individual ledger accoun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6.2015). Section 153 was amended before the amendment of Section 153C it was possible to invoke Section 153C only if material found belong to third person. In the case of Narayan Sai, documents found belonged to Narain Sai only and not by the assessee. Therefore, it was not possible to invoke Section 153C of the Act in the case of the assessee. Documents found contained some information about assessee which was intimated to the Assessing Officer of the assessee and accordingly assessment was reopened by issuing notice under Section 148 of the Act. The Hon ble Delhi High Court in the case of Pepsico India (2014) 50 taxmann.com 299 held that material cannot be said to be belonging to third person if some copy of document related to the assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f Hon ble Supreme Court is that of 06.04.2023. Assuming that Section 153C of the Act should have been invoked in the present assessee s case, the Assessing Officer of the assessee received requisition report and on the basis of that the Assessing Officer reopened the case of the assessee as per Section 147 of the Act which was applicable when the notice under Section 148 was issued on 31.03.2016. The contention of the Ld. AR that provisions of Section 153C of the Act are applicable in the assessee s case being other person to whom according to the Assessing Officer documents found during the search in case of Narayan Sai and Asaram Bapu pertaining to or information contained therein related to, appears correct preposition of law as the Asse ..... X X X X Extracts X X X X X X X X Extracts X X X X
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