Bench: Honourable The Chief Justice Honourable Mrs. Justice Susmita Phukan Khaund Judgment Date : 02-08-2023 (S.P. Khaund, J) 1. Heard Mr. S. Chetia, Learned Senior Standing Counsel, Income Tax Department & Mr. G.N. Sahewalla, Learned Senior Counsel For The Respondent Assisted By Learned Counsel Mr. M. Sahewalla. 2. This Is An Appeal U/S 260A Of Income Tax Act, 1961 (The I.T. Act For Short) Against The Order Dated 14.11.2018 Passed By The Income Tax Appellate Tribunal ‘E’ Court

Section 132 of the Act relied upon by the learned DR would be relevant only for the purpose of conducting the search action and initiating proceeding u/s 153 A of the Act. Once the proceeding u/s 153A of the Act are initiated, which are special proceedings, the legislature in its wisdom bifurcates differential treatment for abated assessment and unabated assessment