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TMI Blog2023 (1) TMI 201X X X X Extracts X X X X X X X X Extracts X X X X ..... ar 2007-08 on the basis of satisfaction recorded on 05.01.2015. Accordingly, the order of the Assessing Officer is liable to be quashed and the impugned order of ld. CIT(A) is not maintainable - Decided in favour of assessee. - ITA No.2005/Del/2018 - - - Dated:- 21-4-2022 - SHRI C.M. GARG, JUDICIAL MEMBER AND SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER Appellant by : Sh. Pratap Gupta, C.A. Respondent by: Sh. J.S. Minhas, CIT/DR ORDER PER C.M. GARG, J.M. This is an appeal filed by the assessee against the order dated 24.05.2017 passed by ld. CIT(A)-5, Delhi for the assessment year 2007-08. 2. Brief facts of the case are that a search and seizure operation u/s. 132 of the Income-tax Act, 1961 was carried ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ears, if it is reckoned from the date of satisfaction note as per law. Learned CIT(A) too has not considered this aspect of the case while affirming the assessment order. 4. Learned DR, on the other hand, relied on the orders of the authorities below and submitted that the impugned order does not call for any interference. 5. We have heard both the parties and gone though the material available on record. As per para 2 of the assessment order dated 30.03.2015 passed u/s. 143(3)/153C of the Act, satisfaction note was received by the Assessing Officer on 05.01.2015. Thus, assessment years 2009-10 to 2014-15 comes within the period six block years. The year under consideration is assessment year 2007-08, which is clearly barred by limita ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ds 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:]. 20. The above proviso refers to second proviso to sub-section (1) of Section 153A. That Section 153A(1) and its first and second provisos read as under:- 153A. [(1)] Notwithstanding anything contained in section 139, section 147, section 148, section 149, section 151 and section 153, in the case of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... A and second proviso, the Assessing Officer can be issue notice for assessment or reassessment of total six assessment years immediately preceding the assessment year relevant to previous year in which search is conducted. As per proviso to Section 153C, the date of search is to be substituted by the date of receiving the books of account or documents or assets seized by the Assessing Officer having jurisdiction over such other person. Learned DR has stated that since the Assessing Officer of the person searched and the Assessing Officer of such other person was the same, no handing over or taking over of the document was required. That Section 153C(1) and its proviso have to be read together in a harmonious manner. While interpreting Secti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ear in which the document is handed over is 1st April, 2010 to 31st March, 2011. The assessment year would be AY 2011-12. Six preceding previous years and relevant assessment year would be as under:- Previous Year Assessment Year 1.4.2009 to 31.3.2010 2010-11 1.4.2008 to 31.3.2009 2009-10 1.4.2007 to 31.3.2008 2008-09 1.4.2006 to 31.3.2007 2007-08 1.4.2005 to 31.3.2006 2006-07 1.4.2004 to 31.3.2005 2005-06 22. The Assessing Officer has issued notice under Section ..... X X X X Extracts X X X X X X X X Extracts X X X X
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