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TMI Blog2016 (12) TMI 1722X X X X Extracts X X X X X X X X Extracts X X X X ..... nfirmed view that the assessment u/s 153A could have been framed for the assessment years 2001-02 to 2006-07 only and not for the assessment year 2007-08. As the assessment for the assessment year under consideration was framed by the AO u/s 153A, therefore, this assessment was not valid in the eyes of law and void ab initio. The same is quashed. Since, we have quashed the assessment order under consideration, considering the same as invalid. X X X X Extracts X X X X X X X X Extracts X X X X ..... in confirming action of Ld. AO, wherein he made addition of ₹ 28,00,000/- by relying on a dumb document, totally denied by the appellant, wrongly deciphered by the Ld. AO, without finding or pointing to any corroborative evidence. 4. That the Ld. AO has erred in framing assessment u/s 153A r.w.s. 143(3) of the Act by issuing notice u/s 153A of the Act even when the search year cannot be assessed u/s 153A of the Act and hence the whole proceedings are void ab initio. 5. That the Ld. AO has erred in framing present assessment beyond his powers, time period and jurisdiction and under relevant provisions of law and hence the assessment itself is void and illegal. 6. That the Ld. AO was not justified in charging interest under 234A/234B ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessment u/s 153A of the Act can be initiated for 6 years preceding the year of search. Therefore, the assessment framed by the AO u/s 153A of the Act for the year under consideration was against the provision of the Act. 7. The ld. CIT(A) after considering the submissions of the assessee observed that the AO no doubt had mentioned Section 153A of the Act in the assessment order but he had also mentioned Section 143(3) of the Act. Therefore, even if the contention of the assessee was to be accepted the assessment could be said to have been made u/s 143(3) of the Act. Accordingly, he did not find merit in the submissions of the assessee. 8. Now the assessee is in appeal. The ld. Ld. Counsel for the assessee reiterated the submissions mad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on 10.08.2006 and thereafter the AO issued notice u/s 153A of the Act to file the return of income. In response to the said notice u/s 153A of the Act, the assessee filed the return of income on 31.10.2007. Thereafter, the AO framed the assessment u/s 153A r.w.s. 143(3) of the Act vide order dated 21.08.2009. We, therefore, do not see merit in this observation of the ld. CIT(A) and contention of the ld. CIT DR that the assessment framed by the AO for the year under consideration could have been considered to be framed u/s 143(3) of the Act, for the simple reason that the AO himself mentioned in the face of the assessment order that the assessment was framed u/s 153A r.w.s. 143(3) of the Act. Moreover, he issued the notice u/s 153A of the Ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch assessment year falling within such six assessment years: Provided further that assessment or reassessment, if any, relating to any assessment year falling within the period of six assessment years referred to in this sub-section pending on the date of initiation of the search under section 132 or making of requisition under section 132A, as the case may be, shall abate. Provided also that the Central Government may by rules made by it and published in the Official Gazette (except in cases where any assessment or reassessment has abated under the second proviso), specify the class or classes of cases in which the Assessing Officer shall not be required to issue notice for assessing or reassessing the total income for six assessment yea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g the assessment year relevant to the previous year in which search was conducted or requisition was made. In the instant case, the search took place on 10.08.2006, the relevant previous year is 2006-07 which ends on 31.03.2007. It is well settled that an assessment is to be framed for the previous year which precedes the assessment year. Therefore, for the previous year 2006-07, the assessment year 2007-08, this assessment year succeeds the period of search and not preceds. From the plain language of the provisions contained in Clause (b) of Sub-Section (1) of Section 153A of the Act, it is clear that the assessment u/s 153A of the Act could have been framed for the 6 assessment years which precedes the assessment year 2007-08. Therefore, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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