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Commissioner Of Income Tax-5 vs Jet Airways (I) Ltd. on 12 January, 2015

In this regard, Learned Authorised Representative for the Assessee relied upon the decision of the Hon‟ble Bombay High Court in the case of CIT vs. Jet Airways (I) Ltd.: 331 ITR 236 wherein it was held that when no addition has been made qua any of the item for which reasons were recorded for reopening the assessment under Section 147 of the Act, no further additions can be made in the reassessment proceedings and therefore, the reassessment fails. On the strength of the aforesaid judgment, the Ld. Authorised Representative for the Assessee submitted that the ratio of the aforesaid judgment is equally applicable to proceedings under Section 153C of the Act. Since in the facts of the present case no addition was made on account of unexplained portion of jewellery found/seized during the search proceedings in the hands of the Assessee, the satisfaction recorded should be held 8 ITA Nos. 3917-3921/Mum/2019, ITA Nos. 3924-3928/Mum/2019, ITA Nos. 4120, 4122, 4123 & 4114/Mum/2019 to be invalid and the assessment order under Section 153C read with Section 143(3) of the Act must be quashed.
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