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2015 (8) TMI 462 - AT - Income TaxValidity of proceedings under section 153C - Held that:- In the instant case, the seized documents allegedly belonging to the assessee were handed over to the Assessing Officer of such other person on 5.6.2009. Now, as per the proviso to section 153C of the Act, the date of search is to be substituted by the date of receiving books of account or documents or assets seized. Accordingly, the assessment can be reopened of the preceding six years than 5.6.2009. In this case, the previous year in which the documents are handed over is 1.4.2009 to 31.3.2010. The assessment year would be assessment year 2010-2011. Accordingly the AO has the jurisdiction to reopen the assessment for six assessment years preceding this assessment year. They are 2009-2010, 2008-09, 2007-08, 2006-07, 2005-06 & 2004-05. As assessee further submitted that the assessment for assessment year 2003-04 is barred by limitation so far as the present assessee is concerned, in our opinion, there is substance in the above submission of ld counsel for the assessee and, therefore, we hold that the assessment framed u/s. 144/153C of the Act dt.30.12.2010 for assessment year 2003-04 is clearly barred by limitation. See Vijay M. Vimawal v. Asstt. CIT [2009 (6) TMI 626 - ITAT AHMEDABAD-A ] The documents having been handed over to the AO of the assessee on 5.6.2009 relevant to assessment year being 2010-2011, the AO can reopen the assessment for six preceding assessment years i.e. assessment years 2004-05 to 2009-2010 and assessment for assessment year 2003-04 is barred by limitation - Decided in favour of assessee.
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