2019 (2) TMI 907

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... E R 1. The question of law urged by the Revenue in its appeal under Section 260A of the Income Tax Act is whether the Tribunal was justified in holding that A.Y.2009-10 was covered in the six year period envisioned under Section 153A(1), overlooking the express language in the first proviso to Section 153C(1), which in turn refers to the second proviso to Section 153A(1). 2. Search and seizure o .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... d under Section 153(1) as satisfaction was recorded by the concerned AO on 04.10.2010. In doing so, the ITAT relied upon the Division Bench ruling of this Court in Commissioner of Income Tax vs. RRJ Securities Ltd. 380 ITR 612 (Delhi). In RRJ Securities (supra) this Court had held as follows: "Section 153A requires that where a search has been initiated under Section 132 of the Act, the AO is req .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... h 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. " 4. We have considered the submissions of the Revenue. It is quite evident that like in RRJ Securities (supra), the AO of the searched person recorded satisfaction, at a time when the assessee had filed its return for t .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X