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M/S. Bajrangbali Steel Industries Pvt. ... vs Acit, Central Circle, Sambalpur on 28 March, 2023
cites
Section 132 in Finance Act, 2012 [Entire Act]
Section 139 in Finance Act, 2012 [Entire Act]
Section 153 in Finance Act, 2012 [Entire Act]
Cit vs Anil Kumar Bhatia on 7 August, 2012
There are no fetters or limitation under
the statute, so as to curtail the jurisdiction of the AO. We derive
33
IT(SS)A No.31-44/CTK/2022
& ITA No.109/CTK/2022
support from the judgment of jurisdictional High court in the case of
CIT vs. Anil Bhatia (352 ITR 493) (Delhi HC)".
Section 147 in Finance Act, 2012 [Entire Act]
Section 148 in Finance Act, 2012 [Entire Act]
C.I.T.,Kanpur,U.P. vs Raj Kumar Arora on 10 February, 2014
11. In the light of the aforesaid, the reasons given by the Tribunal
that no material was found during the search cannot be sustained,
since we have held that the Assessing Officer has the power to
reassess the returns of the assessee not only for the undisclosed
income, which was found during the search operation but also with
regard to the material that was available at the time of the original
assessment. We find that the Tribunal dismissed the appeal while
relying upon the decision of a Coordinate Bench of the Tribunal in
the case of Anil Kumar Bhatia (supra).
The Commissioner Of Income Tax vs M/S. St. Francis Clay Decor Tiles on 10 October, 2014
iii.) The Hon'ble Kerala High Court in the case of CIT vs. St. Francis
Clay Decor Tiles (70 taxmann.com 234) held that neither under
section 132 or under section 153A, phraseology 'incriminating' is
29
IT(SS)A No.31-44/CTK/2022
& ITA No.109/CTK/2022
used by Parliament, therefore, any material unearthed during
search operations or any statement made during course of search
by assessee is a valuable piece of evidence in order to invoke
section 153A. The observations of the Hon'ble High Court in para-
20 & 21 are reproduced as under:
Modern Fibotex India Ltd. And Anr. vs Deputy Commissioner Of Income-Tax And ... on 7 March, 1994
iv.) The Hon'ble Delhi High Court in the case of Filatex India Ltd. vs.
CIT (49 taxmann.com 465) held that during assessment under
section 153A, additions need not be restricted or limited to
incriminating material, found during course of search. The
observations of the Hon'ble High Court in para-2 are reproduced as
under: