TMI Blog2018 (6) TMI 1380X X X X Extracts X X X X X X X X Extracts X X X X ..... o laid down by the Hon'ble Delhi High Court Assessing Officer himself admitted that the additions have been made on the basis of same documents which were considered while farming earlier assessment order u/s 153C of the Act. As mentioned elsewhere, that assessment order has been set aside by the Tribunal while allowing the appeal of the assessee, therefore, addition is based upon the very same documents cannot be sustained in any case. - Decided against revenue - ITA No. 3212/DEL/2015 - - - Dated:- 25-6-2018 - SHRI N.K. BILLAIYA ACCOUNTANT MEMBER, AND SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER For The Assessee : Dr. Rakesh Gupta, Adv And Shri Dipesh Garg, Adv For The Revenue : Smt. Meeta Singh, CIT- DR ORDER ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rent parties for land. The details contained the name of the party, area of land to be sold, total amount agreed upon and amount paid in advance. It was explained that the said payments are in the balance sheet of the concerned company. 6. After considering the detailed submissions made by the assessee, the Assessing Officer observed as under: 4.3 The reply of the assessee has been duly considered and it is particulars to mention here that the same documents in which cash payments of Rs. l,29,36,400/-made different persons has been shown were again found and seized during the course of larch u/s 132 of the IT Act, 1961 in the case of Amtek group of cases on 22-03-2011 rom its premises at 9, Tolstoy Marg, Connaught Place, New Delhi-1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ash per seized documents payments made outside the books of accounts as per seized documents assessee filed appeal against the order u/s 153C before the CIT(A) where relief of ₹ 28,10,825 has been given to the assessee by CIT(A) vide order dated 09- 04-2012, hence the income after giving appeal effect which arrived at ₹ 51,31,200/- is being considered for assessing its income. After discussion assessment is completed at the income of ₹ 51,31,200/- . 7. Aggrieved by this, the assessee carried the matter before the ld. CIT(A) and vehemently contended that the Assessing Officer has wrongly assumed jurisdiction u/s 153C of the Act. It was strongly contended that the satisfaction note is not recorded in the file of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es to be dismissed. 11. We have given thoughtful consideration to the orders of the authorities below. There is no doubt that the notice u/s 153C of the Act was issued to the assessee on 08.11.2012. The Hon'ble High Court of Delhi in the case of RRJ Securities Pvt. Ltd 380 ITR 612 has held that limitation will start on the date of recording of satisfaction that incriminating material belonged to third person. Since the date of notice in the case in hand is 08.11.2012, assessment framed u/s 153C of the Act for assessment year 2005-06 is beyond the scope of provisions of section 153A/153C of the Act, in the light of ratio laid down by the Hon'ble Delhi High Court [supra]. Relevant finding of the Hon'ble Delhi High Court reads a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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