Sat. May 8th, 2021

Pr. Commissioner Of Income Tax … vs Meeta Gutgutia Prop. M/S Ferns „N‟ … on 25 May, 2017

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2. The main contention of the Revenue in these appeals is that the decision
of the Division Bench („DB‟) of this Court in Commissioner of Income Tax
(Central-III) v. Kabul Chawla (2016) 380 ITR 573 (Del) (hereafter Kabul
Chawla) as regards the assumption of jurisdiction under Section 153A of the
Act requires reconsideration, particularly in light of a later decision of a co-
ordinate Bench of this Court in Smt. Dayawanti Gupta v. CIT (2016) 390
ITR 496 (Del) (hereafter Dayawanti Gupta). The Revenue’s submission is
that the invocation of Section 153A of the Act to re-open concluded
assessments of the AYs earlier to the year of search is justified even in the
absence of incriminating material found during the search qua each such
earlier AY. For reasons to follow, the Court does not agree with the above
submissions of the Revenue.

Source: Indian Kanoon

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