Dismissing the appeal of the Revenue the Court held that the Tribunal has explicitly held that no addition has been made on the basis of any incriminating material found during the course of search. It is settled law that the date of initiation of assessment proceedings under S. 153C would be calculated from the date of handing over of the books of accounts, documents or assets seized to the jurisdictional AO of the non-searched person and not from the date of search. Therefore, the relevant assessment year in the present case would come under the block of six assessment years immediately preceding the assessment year in which the satisfaction note was recorded by the AO of the assessee companies. Section 292B is not attracted on the facts of the case. Order of Tribunal deleting the addition is affirmed. (AY.2011-12)
PCIT v. Delicate Realtors (P) Ltd (2024) 340 CTR 225 / 240 DTR 465 (Delhi)(HC) PCIT v. Design Infracon (P) Ltd (2024) 340 CTR 225 / 240 DTR 465 (Delhi)(HC) PCIT v. Pavitra Realcon (P) Ltd 2024) 340 CTR 225 / 240 DTR 465 (Delhi)(HC)
S. 153C : Assessment-Income of any other person-Search-Merely on the basis of statement under section 132(4) without any other material discovered during the search-No addition can be made-Order of Tribunal deleting the addition is affirmed.[S. 132, 132(4), 143(3), 260A, 292B]