9911796707
TMI Blog2015 (8) TMI 462X X X X Extracts X X X X X X X X Extracts X X X X ..... gly the AO has the jurisdiction to reopen the assessment for six assessment years preceding this assessment year. They are 2009-2010, 2008-09, 2007-08, 2006-07, 2005-06 & 2004-05. As assessee further submitted that the assessment for assessment year 2003-04 is barred by limitation so far as the present assessee is concerned, in our opinion, there is substance in the above submission of ld counsel for the assessee and, therefore, we hold that the assessment framed u/s. 144/153C of the Act dt.30.12.2010 for assessment year 2003-04 is clearly barred by limitation. See Vijay M. Vimawal v. Asstt. CIT [2009 (6) TMI 626 - ITAT AHMEDABAD-A ] The documents having been handed over to the AO of the assessee on 5.6.2009 relevant to assessment year ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rch, the jurisdiction over the Singhi Group as well as the assessee lay with the ACIT, Bongaigaon Circle. Consequent to the search, the entire seized documents including relating to the assessee were handed over to the ACIT, Bongaigaon Circle on 5.6.2009. Subsequently, these cases were centralized with ACIT, Circle-4, Guwahati. Consequently, the books of account were handed over to the ACIT, Circle-4, Guwahati on 9.10.2009. In this case, the Assessing Officer initiated the proceedings under section 153C of the Act for the assessment years 2003-04 to 2008-09 (i.e. for six assessment years). Subsequently, assessments were made under section 144/153C of the Act. The Assessing Officer framed the assessment for the year under consideration on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be assessment year 2010-2011. According to ld counsel for the assessee, the AO has the jurisdiction to reopen the assessment for six assessment years preceding this assessment year. They are 2009-2010, 2008-09, 2007-08, 2006-07, 2005-06 2004-05. He further submitted that the assessment for assessment year 2003-04 is barred by limitation so far as the present assessee is concerned. In our opinion, there is substance in the above submission of ld counsel for the assessee and, therefore, we hold that the assessment framed u/s. 144/153C of the Act dt.30.12.2010 for assessment year 2003-04 is clearly barred by limitation. While taking such a view, we are fortified by the decision of ITAT Ahemedabad Bench in the case of Vijay M. Vimawal v. Ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t Assessing Officer shall proceed against each such other person and issue such other person notice and assess or reassess income of such other person in accordance with the provisions of section 153A . Provided that in case of such other person, the reference to the date of initiation of the search under section 132 or making of requisition under section 132A in the second 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 other person. 14. The main thrust of s.153C of the Act is to empower the AO of the person searched to handover the money, gold, jewellery or ot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of search is substituted by date of handing over of the documents by the AO of the person searched to the AO of the other person (present assessee). This date is 3rd Nov. 2006 which falls in the previous year 2006-07 and relevant assessment year 2007-08. The AO now can reopen the assessment for six assessment years preceding this assessment year. They are assessment years 2006-07, 2005-06, 2004-05, 2003-04, 2002-03 and 2001-02. Thus, assessment for assessment year 1999-2000 is barred by limitation so far as the present assessee is concerned. 5. In view of above decision, we hold that the documents having been handed over to the AO of the assessee on 5.6.2009 relevant to assessment year being 2010-2011, the AO can reopen the assessment ..... X X X X Extracts X X X X X X X X Extracts X X X X
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