notices under section 143(2) was issued and assessment
was not abated in view of the second proviso to section 153A of the Act.
Once ... provided under section 153B .
The question now is - what is the scope of
assessment or reassessment of total income u/s
153A
assessments of the years under consideration were completed under section
143(3) read with section 153A of the Act.
4. The first common issue urged ... assessment is completed u/s 143(3) and the additions made
in the order u/s 143(3) r.w.s. 153A are not based
153C. -[(1)] Notwithstanding anything contained in section 139 , section 147 ,
section 148 , section 149 , section 151 and section 153 , where the Assessing Officer
is satisfied ... 153C. -[(1)] --[Notwithstanding anything contained in section 139 . section 147 ,
section 148 , section 149 , section 151 and section 153 , where the Assessing Officer
is satisfied
Duggal,
Faridabad etc., & 51batch appeals
5.23. The statement was recorded under section
131(1A) on 26.04.2016 whereby Shri Rajnish Talwar made
surrender ... heard to the
Assessees and assessment orders have been passed under
section 153A of the I.T. Act, 1961. The A.O. in the case
Section 153C(1) reads as under:
"153C (1) Notwithstanding anything contained in section 139 ,
section 147 , section 148 , section 149 , section 151 and section ... search under section 132 or
making of requisition under section 132A in the second
45
proviso to [sub-section (1) of] section 153A shall
during the search conducted under Section 132 of the Act. We
therefore express no opinion as to whether Section 153A can be
invoked even under ... assessment came to
be framed under Section 143(3) read with Section 153A(1)(b) in determining
the total income of the Assessee
Delhi & Others.
132(1) of the Act. Accordingly, notice under section 153A
was issued in different years and, in response to the notice,
return ... case was
also covered u/s 132(1) of the I.T. Act. Accordingly,
the notices u/s 153A of the Act were issued
section 153
of the Act hereunder:-
"153C(1) Notwithstanding anything contained in section 139 ,
section 147 , section 148 , section 149 , section 151 and section ... search under section 132 or
making of requisition under section 132A in the second
proviso to sub-section (1) of section 153A shall be construed
holding that statement u/s. 132(4) it constitutes
incriminating material within the meaning and scope of
Section 153A . However, such an observation ... during the search conducted u/s 132 of
the Act. We, therefore, express no opinion as to whether
Section 153A can be invoked even
search or requisition made after
31/5/2003. Sub-section (1) of Section 153A inter alia deals with assessment
in case of search or requisition ... under sub-section (2) of Section
143 has been served and limitation of serving the notice under sub-section (2)
of Section 143 has expired
