Allowing the appeal of the\u00a0 Revenue the Court held, that the findings of fact recorded in the assessment order and the order of the Commissioner (Appeals) clearly showed that the incriminating materials relating to the assessees were available on record and were also found in the search and investigation relating to certain other persons. Thus it could not be said that either no incriminating materiel was found or that no incriminating material was available on record against the assessees on the basis of which assessment orders under section\u00a0153A\u00a0of the Act had been passed. Thus, the findings recorded and conclusion drawn by the Tribunal could not be sustained. The assessment orders under section\u00a0153A\u00a0were valid.\u00a0 Order of Tribunal set aside\u00a0 and directed to decide on merits.\u00a0\u00a0 Court also observed that a\u00a0 bare reading of section\u00a0153A\u00a0of the\u00a0Income-tax Act, 1961\u00a0reveals that it provides for assessment or reassessment of the total income and not merely computation of undisclosed income on the basis of evidence found as a result of search. Thus, for assessment or reassessment under section\u00a0153A, it is not the mandatory requirement that assessment or reassessment has to be made only on the basis of incriminating materials found in the search. Section\u00a0153A\u00a0does not exclude assessment or reassessment on consideration of other incriminating materials including incriminating materials available on record. Therefore, when the language of section\u00a0153A\u00a0is plain and unambiguous, it cannot be given a restricted meaning. To do so, it would amount to legislation by the court or authority under the Act, which is not permissible.<\/p>\n","protected":false},"excerpt":{"rendered":"
S. 153A : Assessment-Search or requisition-No mandatory requirement that assessment or reassessment should be based only on basis of incriminating material found during search-Other incriminating material can be relied on-Order of Tribunal set aside and directed to decide on merits. [S. 69, 132] <\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[21],"tags":[],"class_list":["post-31025","post","type-post","status-publish","format-standard","hentry","category-income-tax-act"],"acf":[],"jetpack_featured_media_url":"","jetpack_shortlink":"https:\/\/wp.me\/p9S2Rw-84p","jetpack-related-posts":[],"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts\/31025","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/comments?post=31025"}],"version-history":[{"count":2,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts\/31025\/revisions"}],"predecessor-version":[{"id":40934,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts\/31025\/revisions\/40934"}],"wp:attachment":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/media?parent=31025"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/categories?post=31025"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/tags?post=31025"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}