Vikram Munishwarlal Bajaj, Pune V. Income-tax Officer, Ward - 2(1), Pune

ITA 2552/PUN/2017

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 4761 (ITAT-PUNE)
• Duration Of Justice: 11 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-10-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2005-2006
• Appeal Filed On: 07-11-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MRS SHABANA PARVEEN
• Assessee Lawyers: SHIRUDE
• Keywords: Search and seizure; Documents seized
• Section: 143(3); 153A; 69; 148; 132

Judgement Text

] IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH SMC, PUNE BEFORE SHRI ANIL CHATURVEDI, AM . / ITA NO.2552/PUN/2017 / ASSESSMENT YEAR : 2005-06 VIKRAM MUNISHWARLAL BAJAJ, C 202, MARVEL VIVA SOCIETY, PLOT NO.63, LANE 7, HARINATH PARK, KALYANI NAGAR, PUNE 411 006. PAN : AAUPB1606R. . / APPELLANT V/S THE INCOME TAX OFFICER, WARD 2(1), PUNE. . / RESPONDENT ASSESSEE BY : SHRI M.R. SHIRUDE. REVENUE BY : MRS. SHABANA PARVEEN. / ORDER PER ANIL CHATURVEDI, AM : 1. THIS APPEAL FILED BY THE ASSESSEE IS EMANATING OUT OF THE ORDER OF COMMISSIONER OF INCOME TAX (A) 5, PUNE DT.21.07.2017 FOR THE ASSESSMENT YEAR 2005-06. 2. THE RELEVANT FACTS AS CULLED OUT FROM THE MATERIAL ON R ECORD ARE AS UNDER :- 2.1 ASSESSEE IS AN INDIVIDUAL AND STATED TO BE HAVING INCO ME FROM OTHER SOURCES. ASSESSEE ORIGINALLY FILED HIS RETURN O F INCOME FOR A.Y. 2005-06 ON 29.07.2005 DECLARING TOTAL INCOME OF / DATE OF HEARING : 24.10.2018 / DATE OF PRONOUNCEMENT: 29.10.2018 2 ITA NO.2552/PUN/2017 RS.2,35,420/-. THEREAFTER, THE CASE WAS RE-OPENED BY ISSU ING NOTICE U/S 148 OF THE ACT DT.19.03.2012 AND SERVED ON A SSESSEE ON 21.03.2012. THEREAFTER, THE CASE WAS TAKEN UP FOR SCR UTINY AND ASSESSMENT WAS FRAMED U/S 143(3) R.W.S. 147 OF THE AC T VIDE ORDER DT.15.03.2013 AND THE TOTAL INCOME WAS DETERMINED A T RS.9,00,420/-. AGGRIEVED BY THE ORDER OF AO, ASSESSEE CARRIED THE MATTER BEFORE LD.CIT(A), WHO VIDE ORDER DT.21.07.2017 (IN APPE AL NO.PN/CIT(A)-5/ITO-2(1), PUNE/539/2013-14) DISMISSED THE APPEAL OF ASSESSEE. AGGRIEVED BY THE ORDER OF LD.CIT(A), AS SESSEE IS NOW IN APPEAL BEFORE US AND HAS RAISED THE FOLLOWING GROUNDS : 1. IN THE FACT, CIRCUMSTANCES AND POSITION OF LAW, LEARNED CIT(A), ERRED IN NOT ANNULLING THE ASSESSMENT FRAMED U/S 14 3(3) R.W.S 148 OF I.T. ACT, 1961. 2. IN THE FACT, CIRCUMSTANCES AND POSITION OF LAW, LEARNED CIT(A), ERRED IN CONFIRMING THE ADDITION OF RS.6,65,000/- O N ACCOUNT OF ALLEGED ON MONEY AGAINST PURCHASE OF FLAT. 3. BEFORE ME, LD.A.R. SUBMITTED THAT A SEARCH AND SEIZURE ACTION U/S 132 OF THE ACT WAS CARRIED OUT IN THE CASE OF MARVEL GROUP. ONE OF THE PARTNER OF MARVEL GROUP IN THE STA TEMENT RECORDED U/S 132(4) OF THE ACT HAD ADMITTED THAT THEY H AVE COLLECTED ON MONEY FROM VARIOUS FLAT PURCHASERS AND TH AT AMOUNT WAS OFFERED TO TAX BY THEM. ON THE BASIS OF TH E DETAILS FOUND DURING THE COURSE OF ACTION, IT WAS NOTICED THAT ASS ESSEE HAD PAID ON MONEY OF RS.6,65,000/-. THE CASE WAS THERE FORE RE-OPENED U/S 148 OF THE ACT AND IN THE ASSESSMENT PR OCEEDINGS PURSUANT TO RE-OPENING, AMOUNT OF RS.6,65,000/- WAS ADDE D U/S 69 OF THE ACT. AGGRIEVED BY THE ORDER OF AO, ASSESSEE CARRIED THE MATTER BEFORE LD.CIT(A), WHEREIN THE ASSESSEE CHALLENGED TH E 3 ITA NO.2552/PUN/2017 VALIDITY OF THE ASSESSMENT FRAMED U/S 143(3) R.W.S. 147 OF T HE ACT AND ALSO CHALLENGED THE ADDITION MADE BY THE AO. LD.CIT(A ) DISMISSED THE APPEAL OF THE ASSESSEE BY HOLDING THAT NOTIC E ISSUED U/S 148 OF THE ACT WAS JUSTIFIED AND WAS AS PER LA W AND THAT RE-OPENING WAS VALIDLY INITIATED. ON THE ADDITION OF RS.6,65,000/-, LD.CIT(A) UPHELD THE ORDER OF AO. AGGRIEVED B Y THE ORDER OF LD.CIT(A), ASSESSEE IS NOW IN APPEAL. 4. BEFORE ME, LD.A.R. SUBMITTED THAT THE ADDITION HAS BEEN MADE IN THE HANDS OF ASSESSEE ON THE BASIS OF DOCUMENTS FOUND FROM THE SEARCH CARRIED OUT AT MARVEL GROUP AND WITH WH ICH ASSESSEE HAS NO CONNECTION AND THEREAFTER AO HAD RECO RDED REASONS FOR RE-OPENING FOR THE ASSESSMENT AND ISSUED NO TICE OF REOPENING THE ASSESSMENT U/S 148 OF THE ACT. LD.A.R. SU BMITTED THAT THE CORRECT COURSE OF ACTION WAS THAT THE ACTION SHOULD HAVE BEEN INITIATED U/S 153C OF THE ACT, AS THE PROCEEDINGS WE RE INITIATED ON THE BASIS OF THE DOCUMENTS FOUND DURING THE COURSE OF SEARCH. HE FURTHER SUBMITTED THAT WHERE THE PROVISION S OF SEC.153C OF THE ACT ARE ATTRACTED THEN THE PROCEEDING S HAVE TO BE INITIATED U/S 153C OF THE ACT AS PER THE PRESCRIBED P ROCEDURE AND NO PROCEEDINGS SHOULD HAVE BEEN INITIATED U/S 147 / 148 OF THE ACT AND FOR THIS PROPOSITION, HE RELIED ON THE DECISION OF PUNE TRIBUNAL IN THE CASE OF V.L. KHANDGE AND OTHERS IN ITA NO.1971 AND 2057/PUN/2014 AND ORDER DT. 24.04.2018. HE ALSO PLAC ED ON RECORD THE COPY OF THE AFORESAID DECISION. HE THEREFO RE SUBMITTED THAT SINCE THE PROCEEDINGS U/S 147 / 148 OF THE ACT WERE VITIATED, THE ASSESSMENT FRAMED THEREUNDER BE SET ASIDE. 4 ITA NO.2552/PUN/2017 LD.D.R. ON THE OTHER HAND, TOOK US THROUGH THE FINDINGS OF THE LD.CIT(A) AND SUPPORTED THE ORDER OF LOWER AUTHORITIES. 5. I HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL ON RECORD. THE ISSUE IN THE PRESENT GROUND IS W ITH RESPECT TO THE VALIDITY OF THE ASSESSMENT FRAMED U/S 143 (3) R.W.S. 147 OF THE ACT. IT IS AN UNDISPUTED FACT THAT THE CASE OF ASSESSEE WAS RE-OPENED ON THE BASIS OF A DOCUMENT FOUND DURING SEARCH AND SEIZURE ACTION U/S 132 OF THE ACT IN THE CASE OF MA RVEL GROUP WHEREIN ONE OF THE PARTNER HAD ADMITTED TO HAVE COLLECTED ON MONEY FROM VARIOUS FLAT PURCHASERS. AS PER THOSE DETAILS, IT WAS NOTED THAT ASSESSEE HAD ALSO PAID ON MONEY OF RS.6,65,000/-. THUS, IT IS SEEN THAT THE RE-OPENING WAS ON THE BASIS OF SEARCH CARRIED OUT AT MARVEL GROUP, WHEREIN THE DOCUMENTS PERTAINING TO THE ASSESSEE WAS FOUND. AO HAD INITIATED RE-ASSESSMENT PROCEEDINGS AND HAD FRAMED THE ASSESSMENT U/S 143(3) R.W.S. 147 OF THE ACT. IT IS ASSES SEES CONTENTION THAT AO SHOULD HAVE PROCEEDED U/S 153C OF T HE ACT INSTEAD OF SEC.147 / 148 OF THE ACT. I FIND THAT IDENTICAL IS SUE AROSE IN THE CASE OF V.L. KHANDGE AND OTHERS IN ITA NO.1 971 & 2057/PUN/2014 AND OTHERS, WHEREIN THE CO-ORDINATE BENC H OF THE TRIBUNAL HAS HELD THAT AO AFTER RECEIPT OF INFORMATION BELONGING TO ASSESSEE THAT WAS FOUND DURING THE COURSE OF SEARCH SHOULD HAVE BEEN INITIATED PROCEEDINGS U/S 153C OF THE AC T AND NOT U/S 147/148 OF THE ACT. IT WAS FURTHER HELD THAT IN SUCH A SITUATION, THE RE-ASSESSMENT PROCEEDINGS PASSED U/S 14 8 OF THE ACT DOES NOT STAND. THE RELEVANT OBSERVATION OF THE T RIBUNAL IN THE CASE OF V.L. KHANDGE AND OTHERS (SUPRA) READ AS UNDER : 5 ITA NO.2552/PUN/2017 8. THE ISSUE WHICH ARISES BEFORE US IS WHETHER IN SUCH FACTS AND CIRCUMSTANCES OF THE CASE, WHERE THE BASIS OF MAKIN G INVESTIGATION AND ASSESSMENT THEREAFTER IN THE HANDS OF ASSESSEE IS ON THE BASIS OF INFORMATION UNEARTHED DURING THE COURSE OF SEARCH ACTION ON THE PREMISES OF SHRI GANESH KHANDGE ON 12.02.201 3, THEN WHETHER PROCEEDINGS ARE TO BE INITIATED UNDER SECTI ON 148 OR UNDER SECTION 153C OF THE ACT. THE PERUSAL OF PROVISIONS OF SECTION 153C OF THE ACT REFLECTS THAT IN CASE ANY DOCUMENT RELAT ING TO ANY OTHER PERSON IS FOUND DURING THE COURSE OF SEARCH ON A PE RSON, THEN THE SAID DOCUMENT IS TO BE FORWARDED TO THE ASSESSING O FFICER IN- CHARGE OF THE PERSON OTHER THAN THE PERSON SEARCHED . THE PROCEEDINGS HAVE TO BE INITIATED AGAINST SUCH PERSO N ON THE BASIS OF SUCH DOCUMENT FOUND AND IMPOUNDED. SECTION 153C OF THE ACT VERY CLEARLY PROVIDED THAT WHERE THE CONDITIONS AS MENTIONED IN THE SAID SECTION PREVAIL, THEN PROVISIONS OF SAID S ECTION HAVE TO BE APPLIED NOTWITHSTANDING ANYTHING CONTAINED IN SECTI ONS 139, 147, 148, 149, 151 AND 153 OF THE ACT. THE REQUIREMENT O F SECTION 153C OF THE ACT IS THE FIRST SATISFACTION OF ASSESSING O FFICER THAT ANY MONEY, BULLION, JEWELLERY OR OTHER VALUABLE ARTICLE OR THING OR BOOKS OF ACCOUNT OR DOCUMENTS OR ASSETS BELONGS TO A PERS ON OTHER THAN THE PERSON REFERRED IN SECTION 153A OF THE ACT, THE N THE BOOKS OF ACCOUNT OR DOCUMENTS OR ASSETS SEIZED OR REQUISITIO NED, SHALL BE HANDED OVER TO THE ASSESSING OFFICER HAVING JURISDI CTION OVER SUCH OTHER PERSON AND THAT ASSESSING OFFICER SHALL PROCE ED AGAINST SUCH OTHER PERSON AND ISSUE NOTICE OF ASSESSMENT OR RE- ASSESSMENT OF THE INCOME OF OTHER PERSON IN ACCORDA NCE WITH PROVISIONS OF SECTION 153A OF THE ACT. THE ASSESSIN G OFFICER HAS TO RECORD SATISFACTION THAT BOOKS OF ACCOUNT OR ASSETS SEIZED OR REQUISITIONED, HAVE A BEARING ON DETERMINATION OF T HE TOTAL INCOME OF SUCH OTHER PERSON. THE SAID PROVISIONS ARE NOTWI THSTANDING ANYTHING CONTAINED IN SECTIONS AS MENTIONED ABOVE I NCLUDING SECTIONS 147 / 148 OF THE ACT. IN OTHER WORDS, WHER E THE PROVISIONS OF SECTION 153C OF THE ACT ARE ATTRACTED IN GIVEN SET OF FACTS AND THE DOCUMENTS IMPOUNDED DURING THE COURSE OF SEARCH, THEN THE PROCEEDINGS HAVE TO BE INITIATED UNDER SEC TION 153C OF THE ACT AS PER PRESCRIBED PROCEDURE AND NO PROCEEDI NGS CAN BE INITIATED UNDER SECTION 147 / 148 OF THE ACT. THE S AID PROPOSITION HAS BEEN HELD BY THE PUNE BENCH OF TRIBUNAL IN THE CASE OF JOSHI WADEWALE HADAPSAR VS. DCIT IN ITA NOS.105 & 106/PUN /2016, RELATING TO ASSESSMENT YEARS 2009-10 & 2010-11 WITH LEAD ORDER IN THE CASE OF MRS. VASUNDHARA SHAILESH JOSHI VS. D CIT IN ITA NOS.95 & 96/PUN/2016, RELATING TO ASSESSMENT YEARS 2009-10 & 2010-11, VIDE CONSOLIDATED ORDER DATED 27.03.2018. THE RELEVANT FINDINGS OF THE TRIBUNAL ARE AS UNDER:- 28. THE FIRST ISSUE WHICH ARISES IS WHETHER THE ASS ESSMENT IN SUCH CIRCUMSTANCES WAS TO BE MADE UNDER SECTION 153C OR 148 OF THE ACT AND CONNECTED ISSUE IS WHETHER SU CH AN ISSUE OF ASSESSMENT BEING COMPLETED UNDER A PARTICU LAR SECTION WAS VALID OR NOT, CAN BE RAISED WHILE DECID ING THE ISSUE OF LEVY OF PENALTY UNDER SECTION 271(1)(C) OF THE ACT AGAINST THE INCOME ASSESSED IN THE HANDS OF ASSESSE E. IN THIS REGARD, THE LEARNED AUTHORIZED REPRESENTATIVE FOR THE ASSESSEE HAS POINTED OUT THAT THE ISSUE STANDS COVE RED BY THE RATIO LAID DOWN IN ITO VS. SHRI SHAILENDRA B. A GRAWAL (SUPRA) AND IN BUNCH OF APPEALS WITH LEAD ORDER IN ACIT VS. SHAMSUNDAR LAXMAN JAGTAP (SUPRA). THE RELEVANT 6 ITA NO.2552/PUN/2017 PROVISIONS OF THE ACT TO WHICH REFERENCE IS BEING M ADE IS SECTION 153C OF THE ACT WHICH PROVIDES AS UNDER:- 153C. (1) NOTWITHSTANDING ANYTHING CONTAINED IN SE CTION 139, SECTION 147, SECTION 148, SECTION 149, SECTION 151 AND SECTION 153, WHERE THE ASSESSING OFFICER IS SATISFI ED THAT ANY MONEY, BULLION, JEWELLERY OR OTHER VALUABLE ART ICLE OR THING OR BOOKS OF ACCOUNT OR DOCUMENTS SEIZED OR REQUISITIONED BELONGS OR BELONG TO A PERSON OTHER T HAN THE PERSON REFERRED TO IN SECTION 153A, THEN THE BOOKS OF ACCOUNT OR DOCUMENTS OR ASSETS SEIZED OR REQUISITIO NED SHALL BE HANDED OVER TO THE ASSESSING OFFICER HAVIN G JURISDICTION OVER SUCH OTHER PERSON AND THAT ASSESS ING OFFICER SHALL PROCEED AGAINST EACH SUCH OTHER PERSO N AND ISSUE SUCH OTHER PERSON NOTICE AND ASSESS OR REASSE SS INCOME OF SUCH OTHER PERSON IN ACCORDANCE WITH THE PROVISIONS OF SECTION 153A: PROVIDED THAT IN CASE OF SUCH OTHER PERSON, THE REF ERENCE TO THE DATE OF INITIATION OF THE SEARCH UNDER SECTION 132 OR MAKING OF REQUISITION UNDER SECTION 132A IN THE SEC OND PROVISO TO SUB-SECTION (1) OF SECTION 153A SHALL BE CONSTRUED AS REFERENCE TO THE DATE OF RECEIVING THE BOOKS OF ACCOUNT OR DOCUMENTS OR ASSETS SEIZED OR REQUISITIONED BY THE ASSESSING OFFICER HAVING JURISDICTION OVER SUCH OTH ER PERSON. .. (2) WHERE BOOKS OF ACCOUNT OR DOCUMENTS OR ASSETS S EIZED OR REQUISITIONED AS REFERRED TO IN SUB-SECTION (1) HAS OR HAVE BEEN RECEIVED BY THE ASSESSING OFFICER HAVING JURIS DICTION OVER SUCH OTHER PERSON AFTER THE DUE DATE FOR FURNI SHING THE RETURN OF INCOME FOR THE ASSESSMENT YEAR RELEVANT T O THE PREVIOUS YEAR IN WHICH SEARCH IS CONDUCTED UNDER SE CTION 132 OR REQUISITION IS MADE UNDER SECTION 132A AND I N RESPECT OF SUCH ASSESSMENT YEAR (A) NO RETURN OF INCOME HAS BEEN FURNISHED BY SUCH OTHER PERSON AND NO NOTICE UNDER SUB-SECTION (1) OF SECTI ON 142 HAS BEEN ISSUED TO HIM, OR (B) A RETURN OF INCOME HAS BEEN FURNISHED BY SUCH O THER PERSON BUT NO NOTICE UNDER SUB-SECTION (2) OF SECTI ON 143 HAS BEEN SERVED AND LIMITATION OF SERVING THE NOTICE UNDER SUB-SECTION (2) OF SECTION 143 HAS EXPIRED, OR (C) ASSESSMENT OR REASSESSMENT, IF ANY, HAS BEEN MA DE, BEFORE THE DATE OF RECEIVING THE BOOKS OF ACCOUNT O R DOCUMENTS OR ASSETS SEIZED OR REQUISITIONED BY THE ASSESSING OFFICER HAVING JURISDICTION OVER SUCH OTH ER PERSON, SUCH ASSESSING OFFICER SHALL ISSUE THE NOTI CE AND ASSESS OR REASSESS TOTAL INCOME OF SUCH OTHER PERSO N OF SUCH ASSESSMENT YEAR IN THE MANNER PROVIDED IN SECT ION 153A. 29. SECTION 153C OF THE ACT VERY CLEARLY LAYS DOWN THAT NOTWITHSTANDING ANYTHING CONTAINED IN SECTIONS 139, 147, 148, 149, 151 AND 153 OF THE ACT, WHERE THE ASSESSI NG OFFICER IS SATISFIED THAT ANY MONEY, BULLION, JEWEL LERY OR 7 ITA NO.2552/PUN/2017 OTHER VALUABLE ARTICLE OR THING SEIZED OR REQUISITI ONED, BELONGS TO; OR ANY BOOKS OF ACCOUNT OR DOCUMENTS, S EIZED OR REQUISITIONED, PERTAINS OR PERTAIN TO, OR ANY INFOR MATION CONTAINED THEREIN, RELATES TO, A PERSON OTHER THAN THE PERSON REFERRED TO IN SECTION 153A, THEN, SUCH BOOKS OF AC COUNT OR DOCUMENTS OR ASSETS, SEIZED OR REQUISITIONED SHALL BE HANDED OVER TO THE ASSESSING OFFICER HAVING JURISDI CTION OVER SUCH OTHER PERSON AND THE ASSESSING OFFICER SH ALL PROCEED AGAINST SUCH OTHER PERSON AND ISSUE NOTICE AND ASSESS OR REASSESS THE INCOME OF OTHER PERSON IN ACCORDANCE WITH PROVISIONS OF SECTION 153A OF THE A CT. SECTION THUS, VERY CLEARLY LAYS DOWN THE PROCEDURE TO BE FOLLOWED WHEN DURING THE COURSE OF SEARCH ON A PERS ON ANY MONEY, BULLION, JEWELLERY OR VALUABLE ARTICLE OR TH ING, OR ANY BOOKS OF ACCOUNT OR DOCUMENTS OR ANY INFORMATION CONTAINED THEREIN PERTAINS TO OR RELATE / RELATES T O OTHER THAN THE PERSON SEARCHED; THEN FIRST, ALL THE SAID ASSETS OR INFORMATION IS TO BE HANDED OVER TO THE ASSESSING O FFICER, WHO IS INCHARGE OF THE PERSON OTHER THAN THE PERSON SEARCHED AND THEN THE ASSESSING OFFICER HAS TO PROC EED AND DETERMINE THE INCOME OF THE OTHER PERSON IN ACC ORDANCE WITH PROVISIONS OF SECTION 153C OF THE ACT. THE SAI D SECTION VERY CLEARLY ALSO LAYS DOWN THAT THE PROVISIONS OF SECTION 153C OF THE ACT ARE TO BE APPLIED NOTWITHSTANDING A NYTHING CONTAINED IN SECTIONS 139, 147, 148, 151 AND 153 OF THE ACT. APPLYING THE SAID PROVISIONS TO THE FACTS OF T HE PRESENT CASE, WHEREIN CERTAIN DOCUMENTS WERE FOUND DURING T HE COURSE OF SEARCH AT THE RESIDENCE OF PARTNERS OF AS SESSEE FIRM ON THE BASIS OF WHICH, ADDITIONAL INCOME WAS T O BE ASSESSED IN THE HANDS OF PARTNERSHIP FIRM I.E. ONE OF THE ASSESSEES BEFORE US, THEN FOR MAKING AFORESAID ADDI TION, RECOURSE WHICH WAS OPEN TO THE ASSESSING OFFICER WA S TO INITIATE PROCEEDINGS UNDER SECTION 153C OF THE ACT. WHERE THE PROVISIONS OF SAID SECTION ARE TO BE APPLIED, T HEN NO PROCEEDINGS CAN BE INITIATED UNDER SECTION 147, 148 , 151 AND 153 OF THE ACT. ACCORDINGLY, WE HOLD THAT WHEN DURING THE COURSE OF SEARCH UNDER SECTION 132 OF THE ACT A T THE RESIDENCE OF MRS. VASUNDHARA S. JOSHI AND SHRI SHAI LESH JOSHI, LOOSE PAPER BUNDLE NOS.6, 7, 8 AND 9 WERE FO UND, WHICH DEPICTED THE RECEIPTS AND EXPENDITURE RELATIN G TO DIFFERENT OUTLETS BEING RUN UNDER THE PARTNERSHIP F IRMS AND THE ADDITIONAL INCOME WAS ALSO OFFERED BY THE PERSO NS SEARCHED ON BEHALF OF PARTNERSHIP FIRMS, IN WHICH H E WAS PARTNER, ON THE BASIS OF SUCH DOCUMENTS FOUND DURIN G THE COURSE OF SEARCH, THEN FOR MAKING ADDITION IN THE H ANDS OF PARTNERS, PROVISIONS OF SECTION 153C OF THE ACT ARE ATTRACTED. ONCE THE SAID PROVISIONS ARE SO ATTRACTE D, THEN THERE IS NO QUESTION OF INITIATING ANY PROCEEDINGS UNDER SECTION 147 / 148 OF THE ACT. ACCORDINGLY, WE HOLD THAT PROCEEDINGS INITIATED UNDER SECTION 147 / 148 OF TH E ACT ARE THUS, NOT CORRECTLY INITIATED. 9. THE ISSUE RAISED IN THE PRESENT APPEAL IS SQUAR ELY COVERED BY THE ISSUE BEFORE THE TRIBUNAL IN JOSHI W ADEWALE HADAPSAR VS. DCIT (SUPRA) AND FOLLOWING THE SAME PA RITY OF REASONING, WE HOLD THAT RE-ASSESSMENT PROCEEDING S INITIATED AGAINST THE ASSESSEE UNDER SECTION 147 / 148 OF THE ACT ARE NOT WARRANTED. THE ASSESSING OFFICER AF TER 8 ITA NO.2552/PUN/2017 RECEIPT OF INFORMATION BELONGING TO THE ASSESSEE SH OULD HAVE INVOKED PROVISIONS OF SECTION 153C OF THE ACT AND NOT SECTION 147 / 148 OF THE ACT. ACCORDINGLY, WE HOLD SO. CONSEQUENTLY, REASSESSMENT ORDER PASSED UNDER SECTI ON 148 OF THE ACT DOES NOT STAND. THE ASSESSING OFFICE R IS THUS, DIRECTED TO CANCEL THE SAME. CONSEQUENTLY, TH E ADDITIONAL GROUND OF APPEAL RAISED BY THE ASSESSEE IS ALLOWED AND WE HOLD THAT ASSESSMENT FRAMED BY THE ASSESSING OFFICER IS NULL AND VOID. CONSEQUENTLY, T HE ISSUE RAISED ON MERITS BY THE ASSESSEE AND THE REVENUE BE COMES ACADEMIC IN NATURE AND THE SAME ARE DISMISSED. 6. BEFORE ME, REVENUE HAS NOT POINTED OUT ANY CONTRARY BINDING DECISION IN ITS SUPPORT. I THEREFORE FOLLOWING THE D ECISION OF PUNE TRIBUNAL IN THE CASE OF V.L. KHANDGE AND OTHERS (S UPRA) AND FOLLOWING THE SAME REASONING HOLD THAT THE RE-ASSESS MENT ORDER PASSED U/S 148 OF THE ACT IN THE PRESENT CASE D OES NOT STAND AND THEREFORE THE ASSESSMENT FRAMED BY THE AO T O BE NULL AND VOID. SINCE I HAVE HELD HEREIN THAT THE ASSESSMENT FRAMED BY THE AO U/S 143(3) R.W.S. 147 OF THE ACT TO BE NULL AND V OID, THE ISSUES RAISED ON MERITS HAVE BECOME ACADEMIC IN NATURE A ND THEREFORE NOT ADJUDICATED THUS, THE GROUNDS OF ASSESSEE ARE ALLOWED. 7. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALLOW ED. ORDER PRONOUNCED ON THE 29 TH DAY OF OCTOBER, 2018. SD SD/--- ( ANIL CHATURVEDI ) ' / ACCOUNTANT MEMBER PUNE; DATED : 29 TH OCTOBER, 2018. YAMINI 9 ITA NO.2552/PUN/2017 #$%&'(' % / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT 3. 4. 5 6. CIT(A)-5, PUNE. PR. CIT-4, PUNE. '#$ %%&',) &', *+ / DR, ITAT, SMC PUNE; $-.// GUARD FILE. / BY ORDER // TRUE COPY // 012%3&4 / SR. PRIVATE SECRETARY ) &' , / ITAT, PUNE.