| COURT: | ITAT Delhi |
| CORAM: | I. C. Sudhir (JM), S. V. Mehrotra (AM) |
| SECTION(S): | 143(3), 153C |
| GENRE: | Domestic Tax |
| CATCH WORDS: | Date of initiation of search, Search assessment |
| COUNSEL: | Prakash Chand Yadav, Sachin Jain |
| DATE: | November 5, 2014 (Date of pronouncement) |
| DATE: | November 8, 2014 (Date of publication) |
| AY: | 2009-10 |
| FILE: | Click here to download the file in pdf format |
| CITATION: | |
| S. 153C: Date of receiving seized documents is the "date of initiation of search" and six years period has to be reckoned from that date. An assessment order passed u/s 143(3) instead of u/s 153C is void | |
A search in the case of Koutons took place on 19.02.2009 (AY 2009-10). The documents belonging to the assessee which were found during the search were handed over to the AO having jurisdiction over the assessee on 16.06.2009 (AY 2010-11). The date of ‘initiation of search’ in the case of the assessee under the first Proviso to s. 153C would be 16.06.2009 (AY 2010-11). The six previous assessment years for which an assessment can be framed u/s 153C is AY 2009-10 to AY 2003-04. However, as for AY 2009-10, the AO passed an assessment order u/s 143(3) instead of u/s 153C, the same is void & liable to be quashed (V. K. Fiscal Services followed, SSP Aviation 207 Taxman 260 (Delhi) distinguished)
For the entire law on s. 153A & 153C assessments see S. 132: A Practical Guide To The Law And Procedure Of Search And Seizure and S. 153A: The Law Of Search Assessments Explained & Scope of search assessments u/s 153A: The unending controversy
Also read decision in the case of Bharti Vidyapeet Medical Foundation vs ACIT ITAT Pune order dated 28/04/2011. In this case there are 11 appeals for the block filed by the both assessee and department.
revenue is really functions in a jittery manner that offends all tax payers. government , should reign in the revenue, if not governance would face a lot of trouble, revenue if it loses sight of laws that control them, then automatically arbitrary action that arbitrary action night end in courts declaring such revenue actions as null and void.
revenue is really functions in a jittery manner that offends all tax payers. government , should reign in the revenue, if not governance would face a lot of trouble, revenue if it loses sight of laws that control them, then automatically arbitrary action that arbitrary action night end in courts declaring such revenue actions as null and void.