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TMI Blog2018 (9) TMI 951X X X X Extracts X X X X X X X X Extracts X X X X ..... he facts of the case, search and seizure action under section 132 of the Act was conducted in the Ashoka Group of cases on 20.04.2010. The assessee had originally filed the return of income under section 139 of the Act on 30.01.2006 declaring total income of Rs. 38,144/-. The Assessing Officer issued notice under section 153C of the Act on 11.07.2012. The assessee sought copies of seized documents, statement recorded and also the satisfaction note before the issue of notice under section 153C of the Act. The assessee filed objections in respect of proceedings initiated under section 153C of the Act. The Assessing Officer passed assessment order under section 143(3) r.w.s. 153C of the Act, dated 22.03.2013. 4. The objections against assessment completed by issue of notice under section 143(3) r.w.s. 153C of the Act have been rejected by the CIT(A) on several issues. 5. The assessee is in appeal against the order of CIT(A) and has raised various grounds of appeal. However, during the course of hearing, the assessee has raised an additional ground of appeal which is jurisdictional issue raised by the assessee, hence the said additional ground of appeal is admitted and we proceed to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erused the record. Briefly, in the facts of the case, search under section 132 of the Act was carried out at the premises of Shri Shreeram H. Soni on 29.07.2003, wherein certain documents relating to the assessee were found and seized. The said information was received by the Assessing Officer, Incharge of assessee on 15.06.2007, which is clearly mentioned in the assessment order at page 5 of the said order. In other words, information was received in assessment year 2008-09. Under the pre-amended provisions of section 153C of the Act, it is provided that where the Assessing Officer is satisfied that any money, bullion, jewellery or other valuable article or thing or books of account or documents seized or requisitioned, belongs to a person other than the person referred in section 153A of the Act i.e. the person searched, then books of account or documents or assets seized or requisitioned shall be handed over to the Assessing Officer having jurisdiction over such other person. The proviso thereunder reads as under:- "153C(1)........ 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 un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cer having jurisdiction over such other person." 12. Thereafter, elaborating on the case of assessee, it was observed as under:- "5. In terms of Section 153 A(1) (b) of the Act, the AO shall assess or re- assess the total income of six AYs immediately preceding the AY relevant to the previous year in which the search was conducted. The second proviso to sub-section (1) of Section 153 A of the Act, states that assessment or reassessment relating to any AY falling within the period of six AYs referred to in the said sub-section pending on the date of initiation of the search under Section 132, would abate. 6. The case of the Revenue is that the first proviso to Section 153 C refers only to the second proviso to Section 153 A(1) of the Act, which only indicates that any assessment relating to any AY falling within the period of six AYs which is pending as of the initiation of search shall abate. Therefore, the second proviso to Section 153 C is also concerned only with the aspect of abatement of pending assessments. According to the Revenue, this makes no difference to the computation of the block of six years preceding the AY relevant to the previous year /in which the search ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or assets from the AO of the searched person. Thus, by virtue of second proviso to Section 153A of the Act as it applies to proceedings under Section 153C of the Act, the assessment/reassessment pending on the date on which the assets/documents are received by the AO would abate. In respect of such assessments which have abated, the AO would have the jurisdiction to proceed and make an assessment. However, in respect of concluded assessments, the AO would assume jurisdiction to reassess provided that the assets/documents received by the AO represent or indicate any undisclosed income or possibility of any income that may have remained undisclosed in the relevant assessment years..... 24. As discussed hereinbefore, in terms of proviso to Section 153C of the Act, a reference to the date of the search under the second proviso to Section 153A of the Act has to be construed as the date of handing over of assets/documents belonging to the Assessee (being the person other than the one searched) to the AO having jurisdiction to assess the said Assessee. Further proceedings, by virtue of Section 153C(1) of the Act, would have to be in accordance with Section 153A of the Act and the refer ..... X X X X Extracts X X X X X X X X Extracts X X X X
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