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TMI Blog2018 (3) TMI 1975X X X X Extracts X X X X X X X X Extracts X X X X ..... ned assessee, who is the other person , are the same. Onus was on the AO to canvass as to what is the date on which he formed a satisfaction that the material found in the search of M/s. Reliable Paper (India) Ltd. related to the captioned assessee. The said onus obviously has not been discharged by the Assessing Officer inasmuch as it has been canvassed before CIT(A) that he was unable to do so. Be that as it may, under these circumstances, the only option left to the CIT(A) was to take the date of issuance of notice u/s 153C of the Act as the date referred to in the first proviso to Sec 153C(1) - Considered on that basis, CIT(A) concluded that the original assessments for the captioned assessment years did not abate, as the same we ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... EMBER Appellant by : Shri R.P. Meena Respondent by : Shri Hari S. Raheja O R D E R PER G.S. PANNU, AM : The captioned are appeals by the Revenue in the case of two assessees, which involve common issues and, therefore, they have been clubbed and heard together and a consolidated order is being passed for the sake of convenience and brevity. 2. In all the appeals, the sum and substance of the dispute arises from the decision of the CIT(A) in holding that in the absence of any incriminating material found in the course of search, no additions are permissible in the assessments made u/s 153C of the Income Tax Act, 1961 (in short the Act ) in years where the original assessments do not abate, following the ratio of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... years u/s 153C of the Act dated 19.11.2012. So far as Assessment Year 2004-05 is concerned, it is noticed that assessee filed its return of income on 29.01.2013 declaring a total income of Rs.77,67,250/-. In the ensuing assessment finalised u/s 153C r.w.s. 144 of the Act, the total income has been assessed at Rs.13,23,97,260/-, inter-alia, making additions under various heads, namely, Unexplained Creditors , Unexplained Share Capital , Unexplained Cash Credits as well as Estimation of Business Profits . All the additions were assailed by the assessee before the CIT(A) on various Grounds on facts and in law. One of the pertinent points sought to be raised by the assessee was that none of the additions were based on any incriminating m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essee are not traceable due to the shifting of office from 8th floor to 11th floor and back to 8th floor in this building. Therefore, I am not in position to comment when the records were actually received in this office. However, the assessee s assumption that the records were received only 19th Nov 2012 is absolutely not correct. In this background, the CIT(A) proceeded to assume such date to be the date on which the Assessing Officer issued notice u/s 153C of the Act, which is 19.11.2012. 6. In this background, the ld. DR reiterated the stand of the Assessing Officer and sought to rely on the decision of the Hon'ble Kerala High Court in the case of CIT vs. St. Francis Clay Decor Tiles, 385 ITR 624 (Kerala), CIT vs. Dr. P. Sasi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act provides as under :- 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 Notably, second proviso to Sec. 153A(1) of the Act prescribes the guide as to under which circumstances the original assessment or reassessment for the prescribed six assessment years shall abate. With respect to an assessee covered u/s 153C of the Act, the prescription of second proviso to Sec. 153A(1) of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rs did not abate, as the same were not pending on that date. 10. We have also perused the additions which have been made to the returned income and find that none of them contain any averment by the Assessing Officer that the same flow out of any incriminating material found in the course of search. This finding has also been arrived at by the CIT(A), and in the absence of any rebuttal by the Revenue, we hereby affirm the same. In this fact-situation, the ratio of the judgment of the Hon'ble Bombay High Court in the case of Continental Warehousing Corporation (Nhava Sheva Ltd) (supra) is squarely attracted, and the CIT(A) made no mistake in deleting the additions. The order of CIT(A) is hereby affirmed. Thus, the appeals of the Reven ..... X X X X Extracts X X X X X X X X Extracts X X X X
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