Section 147 or 153C Assessment – Search from 3rd party premises – Unexplained Money addition under Section 69A

ACIT Vs. K. S. Chawla & Sons (HUF) (ITAT Delhi)

> HELD THAT:- In the present assessee’s case, search & seizure action u/s 132 of the Act was carried out on 15.10.2009 in the premises of Mr. Abhinav Arora and Mrs. Ranju Arora. Consequently, the Assessing Officer initiated reassessment proceedings u/s 147 of the Act relying upon the information received based on the certain documents found during the course of search from the premises of a 3rd party i.e. Mr. Abhinav Arora and Mrs. Ranju Arora.

Thus, the assessment is based upon the documents found during the course of search of 3rd party premises, but that can be made only u/s 153C of the Act.

> Section 153C. [Notwithstanding anything contained in section 139, section 147, section 148, section 149, section 151 and section 153, where the Assessing Officer is satisfied that,–

(a) Any money, bullion, jewellery or other valuable article or thing, seized or requisitioned, 81belongs to; or

Please become a Premium member. If you are already a Premium member, login here to access the full content.