| COURT: | ITAT Delhi |
| CORAM: | G. D. Agrawal (VP), I. C. Sudhir (JM) |
| SECTION(S): | 153A, 153C |
| GENRE: | Domestic Tax |
| CATCH WORDS: | Date of initiation of search, limitation period, Search assessment |
| COUNSEL: | K. R. Manjani |
| DATE: | November 28, 2014 (Date of pronouncement) |
| DATE: | November 29, 2014 (Date of publication) |
| AY: | 2001-02 & 2002- 03 |
| FILE: | Click here to download the file in pdf format |
| CITATION: | |
| As per proviso to s. 153C, the date of receiving books of account or documents shall be considered the date of search. Therefore, under proviso to s. 153C and s. 153A(1)(b), in the case of person in whose case action is required u/s 153C, the AO is empowered to take action u/s 153C for the year in which the seized document is received by him and the preceding six years | |
As per Section 153A(1)(b), the Assessing Officer is empowered to assess or reassess the total income of the six assessment years immediately preceding the assessment year relevant to the assessment year in which search is conducted. Thus, in other words, he has to assess the search year and six preceding years. As per proviso to Section 153C, for the purpose of Section 153C, the date of receiving the books of account or documents shall be considered the date of search. Therefore, with the combined reading of proviso to Section 153C and Section 153A(1)(b), it is clear that in the case of the person in whose case action is required under Section 153C, the Assessing Officer is empowered to take action under Section 153C for the year in which the seized document is received by him and the preceding six years. In the case under appeal before us, as mentioned by the Assessing Officer in paragraph 2 of his order, the seized material was received on 12th March, 2009 from ACIT, Central Circle-17. Thus, the year in which seized material was seized is previous year 2008-09 relevant to AY 2009-10. The preceding six years would be AY 2008-09, 2007-08, 2006-07, 2005-06, 2004-05 and 2003-04. Therefore, after considering the facts of the assessee’s case and combined reading of Section 153C as well as Section 153A, in our opinion, the issue of notice under Section 153C for AY 2001-02 & 2002- 03 is barred by limitation. Accordingly, we quash the same and consequentially, the assessment order passed in pursuance to the notice issued under Section 153C is also quashed.
doubtful judgement, the last six years some AO assessed the returns then , when that assessment is over over by the revenue how you new Ao can revoke without giving legal notice on the assesse, that is called natural justice.
you may have any sections in IT Act that does not mean IT Act is above law when so AO himself is not above law as it is a favt very government cannot be above law under the indian constitution.
so the assessee can move a writ on AO ascertin tribunal judgement is an impugned one .
see how high court decides!
doubtful judgement, the last six years some AO assessed the returns then , when that assessment is over over by the revenue how you new Ao can revoke without giving legal notice on the assesse, that is called natural justice.
you may have any sections in IT Act that does not mean IT Act is above law when so AO himself is not above law as it is a favt very government cannot be above law under the indian constitution.
so the assessee can move a writ on AO ascertin tribunal judgement is an impugned one .
see how high court decides!