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TMI Blog2024 (7) TMI 638X X X X Extracts X X X X X X X X Extracts X X X X ..... hi High Court has further elaborated the legal dictum in the case of Ojjus Medicare Pvt Ltd. [ 2024 (4) TMI 268 - DELHI HIGH COURT] . As per provisions of section 153C, the commencement date for computation of the six assessment years is deemed to be the date of receipt of books of account/materials/asset, belonging/pertaining to non-searched person, by the jurisdictional AO of the non-searched person. Date of recording of the satisfaction in the case of the searched person qua the non-searched person becomes date of search in the case of non-searched person [the assessee in the present case]. In the instant case of the assessee (non-searched person), the date of search would become the date of recording satisfaction i.e., 23.11.2010. The i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of Rs. 60,74,365/-. A search and seizure action was conducted in M/s Bhushan Steel Group of cases on 03.03.2010. In the search, documents belonging to the assessee were found and seized. Accordingly, notice u/s 153C was issued on 23.11.2010 after recording of satisfaction on 23.11.2010 u/s 153C of the Act.On the basis of the same, assessment was made making an addition of Rs. 2,10,07,350/- on account of unexplained credits and Rs. 45,186/- u/s 14A of the Act on account of dividend income. 6. Aggrieved, the assessee went in appeal before the ld. CIT(A) who allowed the grievance relating to unexplained cash credit. However, the ld. CIT(A) dismissed the ground pertaining to disallowance u/s 14A of the Act. 7. The assessee is now aggrieved th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Pvt Ltd Others [2024] 161 taxmann.com 160 (Delhi)order dated 03.04.2024. 11. On the other hand, the ld. DR relied upon the orders of the AO. 12. In rejoinder, the ld. counsel for the assessee pointed out to Para No. 3.4 at Page 32 of the appellate order of the ld. CIT(A) wherein the ld. CIT(A) has himself admitted that: the claim of the appellant appears correct that present A.Y 2004-05 has gone out of the ambit of assessments that can be made as a consequence of search and handing over of the books of account or documents or assets seized or requisitioned to the present Assessing Officer having jurisdiction over the appellant . 13. The ld. counsel for the assessee pointed out that the ld. CIT(A) did not decide the issue as being beyond the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... #39;ble Delhi High Court has further elaborated the legal dictum in the case of Ojjus Medicare Pvt Ltd [2024] [supra] wherein it has held as under: First Proviso to Section 153C introduces a legal fiction on the basis of which the commencement date for computation of the six year or the ten-year block is deemed to be the date of receipt of books of accounts by the jurisdictional AO. The identification of the starting block for the purposes of computation of the six and the ten year period is governed by the First Proviso to Section 153C, which significantly shifts the reference point spoken of in Section 153A(1), while defining the point from which the period of the relevant assessment year is to be calculated, to the date of receipt of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onstitutes the basis for an assessment under Section 153A. 16. The law as interpreted by the Hon'ble Supreme Court and the Delhi High Court as above, declares that as per provisions of section 153C of the Act, the commencement date for computation of the six assessment years is deemed to be the date of receipt of books of account/materials/asset, belonging/pertaining to non-searched person, by the jurisdictional AO of the non-searched person. In other words, date of recording of the satisfaction in the case of the searched person qua the non-searched person becomes date of search in the case of non-searched person [the assessee in the present case].In the instant case of the assessee (non-searched person), the date of search would becom ..... X X X X Extracts X X X X X X X X Extracts X X X X
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