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Acit vs Smt. Pushpa Devi Jain [Alongwith Ita ... on 28 December, 2004

"14. From the above discussion and precedence, the scheme of assessment u/s. 153A of the Act in case of search, the AO shall issue notice to searched person requiring him to furnish within such period as may be specified in the notice, the return of income in respect of each assessment year falling within six assessment years referred to in clause (b) of sub-section sub section (1) of section 153A and clause (b) postulates assessment or reassessment of the total income of six years immediately preceding preceding the assessment year relevant to the previous year in which such search is conducted. The first proviso mandates that the AO shall assess or reassess the total income in respect of each assessment year falling within such six assessment years. The second second proviso postulates that the assessment or reassessment, if any, relating to any assessment year falling within the period of six assessment years referred to in sub- sub-section (1) is pending on the date of initiation of the search u/s. 132 of the Act shall shal abate. In the present case before us, however, though the second proviso to sub-section sub (1) of section 153A would not apply in the first three years of this case, yet, as far as the second three year period is concerned (which are pending before us), the assessments were pending The proceedings in relation thereto abate. Now the entire assessment in relation to the second phase of three years can be made. The pending assessment in that case may be undertaken u/s. 153A of the Act. The abatement of pending assessment is for the purpose of avoiding two assessments for the same year i.e. one being regular assessment and the other being search assessment u/s. 153A of the Act. In other words, these two assessments merge into one assessment. It means that completed completed assessments stand on different footing from the pending assessments. Hence, in so far as pending assessments are concerned, the jurisdiction to make original assessment and assessment u/s. 153A of the Act merge into one and in that ITA No.2232/Chny/20 /Chny/2024 (AY 2016-17) M/s. JSR Infra Developers Pvt. Ltd.
Income Tax Appellate Tribunal - Delhi Cites 33 - Cited by 188 - Full Document
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