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TMI Blog2024 (9) TMI 1201X X X X Extracts X X X X X X X X Extracts X X X X ..... and the appeals stand allowed in favour of the appellant Revenue and against the respondent assessee. So far as the Assessment Year 2015-16 is concerned, question (b) is also answered in favour of the appellant - Revenue and against the respondent assessee as it is not dispute that the Assessing Officer has passed the impugned assessment order under Section 143 (3) of the Act and the Tribunal has committed an error by applying the provisions of Section 153C of the Act even for the Assessment Year 2015-16 while passing the common judgement and order. We however remand the matters back to the Tribunal by reviving appeals of the appellant Revenue as well as the cross-objections filed by the respondent assessee so as to enable the Tribunal to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... come Tax Act, 1961 by the Finance Act, 2015 would not be applicable to searches conducted u/s. 132 before 01.06.2015 i.e. the date of amendment, which is contrary to the decision of the Supreme Court in the case of Vikram Sujitkumar Bhatia Others 453 ITR 417 (SC)? [4] In R/Tax Appeal No. 824 of 2024, for the Assessment Year 2015-16, the Revenue has proposed the following two questions of law: (a) Whether in the facts and circumstances of the case and in law, the learned ITAT has erred in quashing assessment made u/s. 143 (3) after holding that amendment brought to section 153C of the Income Tax Act, 1961 by the Finance Act, 2015 would not be applicable to searches conducted u/s. 132 before 01.06.2015 i.e. the date of amendment, which is con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ia [Civil Appeal No. 911 of 2022 and other allied appeals decided on 6th April 2023], wherein the Hon ble Apex Court has held as under: 11. In view of the above and for the reasons stated above, the impugned common judgment and order passed by the High Court is held to be unsustainable and the question, i.e., Whether the amendment brought to Section 153C of the Income Tax Act, 1961 vide Finance Act, 2015 would be applicable to searches conducted under Section 132 of the Act, 1961 before 01.06.2015, i.e., the date of amendment? , is answered in favour of the Revenue and against the assessees and is answered accordingly. Therefore, it is observed and held that the amendment brought to Section 153C of the Act, 1961 vide Finance Act, 2015 shall ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... anded back to the Tribunal by quashing and setting aside the impugned order passed by the Tribunal. [10] It was further submitted that so far as the Assessment Year 2015-16 is concerned, though the Assessing Officer has passed the order under Section 143 (3) of the Act, the Tribunal has considered the same as order having been passed under Section 153C of the Act and as such the Tribunal committed an error by applying the decision of this Court with regard to invoking the provisions of Section 153C in view of the amendment which has come into effect from 1st June 2015, but now applicable in view of the decision of the Hon ble Apex Court even to the search is conducted prior to the said date. [11] On the other hand, learned Senior Advocate M ..... X X X X Extracts X X X X X X X X Extracts X X X X
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