SH. BIPAN JAIN,LUDHIANA vs. DCIT, CC-III, LUDHIANA

In the result, the ground no

Bench: SHRI. AAKASH DEEP JAIN (Vice President), SHRI. VIKRAM SINGH YADAV (Accountant Member)

153(A) dt. 28/09/2016 was issued to the assessee. In response to the notice, the assessee filed his return of income on 28/01/2017 declaring total income of Rs. 6,77,053/- as originally declared under section 139(1) of the Act. 4.2 During the course of assessment proceedings, the AO stated that the assessee has claimed exemption of LTCG

SH. ASHISH JAIN,LUDHIANA vs. DCIT, CC-III, LUDHIANA

In the result, the ground no

Bench: SHRI. AAKASH DEEP JAIN (Vice President), SHRI. VIKRAM SINGH YADAV (Accountant Member)

153(A) dt. 28/09/2016 was issued to the assessee. In response to the notice, the assessee filed his return of income on 28/01/2017 declaring total income of Rs. 6,77,053/- as originally declared under section 139(1) of the Act. 4.2 During the course of assessment proceedings, the AO stated that the assessee has claimed exemption of LTCG

SH. ASHISH JAIN,LUDHIANA vs. DCIT, CC-III, LUDHIANA

In the result, the ground no

Bench: SHRI. AAKASH DEEP JAIN (Vice President), SHRI. VIKRAM SINGH YADAV (Accountant Member)

153(A) dt. 28/09/2016 was issued to the assessee. In response to the notice, the assessee filed his return of income on 28/01/2017 declaring total income of Rs. 6,77,053/- as originally declared under section 139(1) of the Act. 4.2 During the course of assessment proceedings, the AO stated that the assessee has claimed exemption of LTCG

SH. AKHIL JAIN,LUDHIANA vs. DCIT, CC-III, LUDHIANA

In the result, the ground no

Bench: SHRI. AAKASH DEEP JAIN (Vice President), SHRI. VIKRAM SINGH YADAV (Accountant Member)

153(A) dt. 28/09/2016 was issued to the assessee. In response to the notice, the assessee filed his return of income on 28/01/2017 declaring total income of Rs. 6,77,053/- as originally declared under section 139(1) of the Act. 4.2 During the course of assessment proceedings, the AO stated that the assessee has claimed exemption of LTCG

SUBHASH CHANDER GUPTA, H.NO. 1652 8 VISHNU COLONY, RAILWAY ROAD, KURUKSHETRA,HARYANA vs. ITO WARD-3, KURUKSHETRA, HARYANA

In the result, both appeals of the assessee are

Bench: Shri Rajpal Yadav & Shri Krinwant Sahay

reassess total income of such other person of such assessment year in the manner provided in section 153-A." 10. A bare perusal of this Section would reveal that it starts with a non obstante clause “not withstanding anything contained in Section” meaning thereby this Section has an over-riding effect over other Sections namely

SUBHASH CHANDER GUPTA, H.NO. 16528 VISHNU COLONY, RALIWAY ROAD, KURUKSHETRA,HARYANA vs. JOINT COMMISSIONER OF INCOME TAX, KURUKSHETRA

In the result, both appeals of the assessee are

Bench: Shri Rajpal Yadav & Shri Krinwant Sahay

reassess total income of such other person of such assessment year in the manner provided in section 153-A." 10. A bare perusal of this Section would reveal that it starts with a non obstante clause “not withstanding anything contained in Section” meaning thereby this Section has an over-riding effect over other Sections namely

SHRI BALRAM KRISHAN,CHANDIGARH vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, CHANDIGARH, CHANDIGARH

153, where the Assessing Officer is satisfied\nthat,—\n(a) any money, bullion, jewellery or other valuable article or thing, seized or\nrequisitioned, belongs to; or\n(b) any books of account or documents, seized or requisitioned, pertains or pertain to,\nor any information contained therein, relates to,\na person other than the person referred to in section 153A, then

SCOTT EDIL ADVANCE RESEARCH LABORATORIES AND EDUCATION LIMITED,CHANDIGARH vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, CHANDIGARH

153, where the Assessing Officer is satisfied\nthat,—\n(a) any money, bullion, jewellery or other valuable article or thing, seized or\nrequisitioned, belongs to; or\n(b) any books of account or documents, seized or requisitioned, pertains or pertain to,\nor any information contained therein, relates to,\na person other than the person referred to in section 153A, then

SCOTT EDIL PHARMACIA LTD.,CHANDIGARH vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, CHANDIGARH

153, where the Assessing Officer is satisfied\nthat,—\n(a) any money, bullion, jewellery or other valuable article or thing, seized or\nrequisitioned, belongs to; or\n(b) any books of account or documents, seized or requisitioned, pertains or pertain to,\nor any information contained therein, relates to,\na person other than the person referred to in section 153A, then

SHRI BALRAM KRISHAN,CHANDIGARH vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, CHANDIGARH, CHANDIGARH

153, where the Assessing Officer is satisfied\nthat,—\n(a) any money, bullion, jewellery or other valuable article or thing, seized or\nrequisitioned, belongs to; or\n(b) any books of account or documents, seized or requisitioned, pertains or pertain to,\nor any information contained therein, relates to,\na person other than the person referred to in section 153A, then

SCOTT EDIL ADVANCE RESEARCH LABORATORIES AND EDUCATION LIMITED,CHANDIGARH vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, CHANDIGARH

153, where the Assessing Officer is satisfied\nthat,—\n(a) any money, bullion, jewellery or other valuable article or thing, seized or\nrequisitioned, belongs to; or\n(b) any books of account or documents, seized or requisitioned, pertains or pertain to,\nor any information contained therein, relates to,\na person other than the person referred to in section 153A, then

SCOTT EDIL ADVANCE RESEARCH LABORATORIES AND EDUCATION LIMITED,CHANDIGARH vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, CHANDIGARH

153, where the Assessing Officer is satisfied\nthat,—\n(a) any money, bullion, jewellery or other valuable article or thing, seized or\nrequisitioned, belongs to; or\n(b) any books of account or documents, seized or requisitioned, pertains or pertain to,\nor any information contained therein, relates to,\na person other than the person referred to in section 153A, then

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-I, CHANDIGARH , CHANDIGARH vs. MS SCOTT EDIL ADVANCE RESEARCH LABORATOTRIES AND EDUCATION LTD., , CHANDIGARH

153, where the Assessing Officer is satisfied\nthat,—\n(a) any money, bullion, jewellery or other valuable article or thing, seized or\nrequisitioned, belongs to; or\n(b) any books of account or documents, seized or requisitioned, pertains or pertain to,\nor any information contained therein, relates to,\na person other than the person referred to in section 153A, then

SHRI BALRAM KRISHAN,CHANDIGARH vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, CHANDIGARH, CHANDIGARH

153, where the Assessing Officer is satisfied\nthat,—\n(a) any money, bullion, jewellery or other valuable article or thing, seized or\nrequisitioned, belongs to; or\n(b) any books of account or documents, seized or requisitioned, pertains or pertain to,\nor any information contained therein, relates to,\na person other than the person referred to in section 153A, then

SCOTT EDIL PHARMACIA LTD.,CHANDIGARH vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, CHANDIGARH

4) of the Act of the Act do\nnot by themselves constitute incriminating material as has been explained by the hon’ble\nHigh Court in Harjeev Aggarwal (Supra).”\n18. So far as the statement recorded of the employees/directors of third party ( Jai\nAmbey Pharmaceuticals Pvt. Ltd.) in a separate search action is concerned, even in the\nsaid statements, there

SCOTT EDIL ADVANCE RESEARCH LABORATORIES AND EDUCATION LIMITED,CHANDIGARH vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, CHANDIGARH

153, where the Assessing Officer is satisfied\nthat,—\n(a) any money, bullion, jewellery or other valuable article or thing, seized or\nrequisitioned, belongs to; or\n(b) any books of account or documents, seized or requisitioned, pertains or pertain to,\nor any information contained therein, relates to,\na person other than the person referred to in section 153A, then

SANJEEV AGGARWAL,CHANDIGARH vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, CHANDIGARH

153, where the Assessing Officer is satisfied\nthat,—\n(a) any money, bullion, jewellery or other valuable article or thing, seized or\nrequisitioned, belongs to; or\n(b) any books of account or documents, seized or requisitioned, pertains or pertain to,\nor any information contained therein, relates to,\na person other than the person referred to in section 153A, then

SANJEEV AGGARWAL,CHANDIGARH vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1 , CHANDIGARH

153, where the Assessing Officer is satisfied\nthat,—\n(a) any money, bullion, jewellery or other valuable article or thing, seized or\nrequisitioned, belongs to; or\n(b) any books of account or documents, seized or requisitioned, pertains or pertain to,\nor any information contained therein, relates to,\na person other than the person referred to in section 153A, then