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2024 (11) TMI 819 - AT - Income TaxAssessment u/s 153C - determination of six years prior to the relevant assessment year - HELD THAT - We observed that the search in the case of Sunstar Group was carried on 19.12.2013 and as per records submitted before us, we observed that the notice u/s 153C was issued only on 20.01.2016. Therefore, the satisfaction in the case of the assessee was recorded by the jurisdictional Assessing Officer prior to issue of notice issued u/s 153C, therefore, the relevant searched assessment year pertains to AY 2016-17. Accordingly, six years prior to the relevant assessment year covers AYs 2010-11 to 2015-16. In the case of the assessee, notice u/s 153C was issued to the assessee covering AY 2009-10 which is beyond jurisdiction as per the judicial precedence as held in the case of CIT-14 vs. Shree Jasjit Singh 2015 (8) TMI 982 - DELHI HIGH COURT We note that AY 2009-10 which was covered by the AO u/s 153C is beyond jurisdiction. Accordingly, we set aside the assessment made in this case. Assessee appeal allowed.
Issues:
Jurisdiction under section 153C of the Income-tax Act, 1961 for Assessment Year 2009-10. Analysis: The appeal was filed against the order of the Commissioner of Income-tax Appeals-3 for Assessment Year 2009-10. The appellant argued that the assessment proceedings for the impugned year were initiated beyond the jurisdiction under section 153C. The appellant relied on various decisions to support this argument. The search in the case of Sunstar Group was conducted on 19.12.2013, and the notice under section 153C was issued on 20.01.2016. The appellant contended that the satisfaction was recorded by the Assessing Officer for AY 2016-17, and therefore, the notice for AY 2009-10 was beyond jurisdiction. The appellant cited judicial precedents to support their case. The Departmental Representative for the Revenue relied on the orders of the authorities below. The Tribunal observed that the notice under section 153C was issued after the satisfaction was recorded by the Assessing Officer, making the relevant searched assessment year AY 2016-17. As per judicial precedence, the notice for AY 2009-10 was held to be beyond jurisdiction. The Tribunal referred to a decision of the Hon'ble Delhi High Court in the case of CIT-14 vs. Shree Jasjit Singh, which clarified the jurisdictional aspect under section 153C. The Court emphasized the importance of recording satisfaction and maintaining institutional memory. The Tribunal followed the decision and set aside the assessment made for AY 2009-10. In conclusion, the Tribunal allowed the appeal filed by the assessee, noting that the assessment for AY 2009-10 made under section 153C was beyond jurisdiction. The Tribunal's decision was based on the judicial precedent and the clarification provided by the Hon'ble Delhi High Court regarding the recording of satisfaction under section 153C. The assessment for the impugned year was set aside based on the lack of jurisdiction.
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