9911796707
TMI Blog2025 (4) TMI 1494X X X X Extracts X X X X X X X X Extracts X X X X ..... ection 260A of the Income Tax Act, 1961 [the Act] impugning an order dated 13.09.2024 passed by the learned Income Tax Appellate Tribunal [ITAT] in ITA No.1343/Del/2024 [the impugned order]. The impugned order was a common order passed in the batch of appeals (seven in number) preferred by the Assessee impugning the final assessment orders passed under Section 144C and 153C read with Section 143 (3) of the Act, pursuant to the directions issued by the learned Dispute Resolution Panel [DRP]. 4. The present appeal relates to the learned ITAT's order insofar, as it pertains to the Assessee's appeal in respect of assessment year [AY] 2012-13 [ITA No. 1343/Del/2024], which was allowed by the learned ITAT. 5. The Revenue has projected the follo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... proceedings arising therefrom by holding that block periods for assessment u/s 153C of the Income-tax Act, 1961, have to be calculated from the date of receipt of the books of accounts, documents or assets seized, by the jurisdictional AO of the non-searched person and not from the date of initiation of search by relying on First Proviso to Section 153C, even when this Proviso specifically deals only with the abatement of proceedings (as referred to second proviso of Section 153A) and does not deal with the calculation of block periods? 2.4 Whether on the facts and circumstances of the case and in law, the Ld. ITAT has erred on facts and in law by holding that the assumption of jurisdiction under Section 153C of the Act in the case of ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rder? 2.9 Whether on facts and circumstances of the case, the Ld. ITAT was correct in holding that the assessment order under section 153C without making reference to section 153A is invalid. This is a hyper technical interpretation without appreciating that the provisions of section 153C and 153A be read co-jointly. No prejudice whatsoever is caused to the seven if the Assessment order does not mention the term "read with section 153A of the Act? 2.10 Whether on the facts and in the circumstances of the case, the order passed by the Ld. ITAT is perverse in law as well as fact in respect of the items referred to in the question herein above?" 6. The Assessee filed his return of income for AY 2012-13 on 24.09.2012 declaring an income of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me for the relevant assessment year. 9. In response to the said notice issued under Section 153C of the Act, the Assessee filed his return of income on 20.12.2021 declaring an income of Rs. 10,03,030/- as originally issued. The said proceedings culminated in the draft assessment order dated 31.03.2023 making certain additions on protective basis. 10. Being aggrieved by the draft assessment order, the Assessee filed his objections before the learned DRP. The learned DRP, by an order dated 28.12.2023, rejected the objections raised by the Assessee and upheld the view taken by the AO in the draft assessment order. 11. Pursuant to the directions issued by the learned DRP, the AO passed a final assessment order dated 30.01.2024 under Sections ..... X X X X Extracts X X X X X X X X Extracts X X X X
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