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2017 (4) TMI 1519 - AT - Income TaxAssessment u/s 153C - Assessee as contented proceedings u/s. 153C read with section 153A of the Act could not have been taken for the assessment year 2004-05? - HELD THAT:- We find that pursuant to a conjoint reading of Section 153A and the 1st proviso of Section 153C, it emerges that for the purpose of assessment or re-assessment in the case of a person covered by Section 153C, the date of initiation of the search under Section 132 or making of requisition under Section 132A contemplated in the 2nd proviso of Section 153A, stands substituted by the date of receiving the books of account or documents or assets seized or requisitioned by the Assessing Officer having jurisdiction over such other person In the case of the present assessee as the “reasons recorded for issue of notice under Section 153C for A.Y. 2004-05 to 2009-10” are dated 21.12.2010, therefore though it can safely be presumed that the A.O of the searched person, viz. M/s Om Sai Motors Pvt. Ltd. must had handed over the ‘seized material’ relatable to the assessee, to the A.O having jurisdiction over the latters case in the Financial year 2010-11 relevant to A.Y. 2011-12, and if that be so, then the A.O would had no jurisdiction for issuing notice under Section 153A r.w Sec. 153C for the said year, viz. A.Y. 2004-05, to the assessee, and as a fall out of the same the assessment framed in the hands of the assessee under Section 144 r.w.s. 153C, dated 30.12.2011, being devoid of any force of law, would be rendered non est D.R had neither placed on record any ‘material’ to controvert and dislodge the claim of the ld. A.R that the handing over of the assets/documents relatable to the assessee by the Assessing officer of the searched person, to the Assessing officer of the asessee had taken place in F.Y. 2010- 11 relevant to A.Y. 2011-12, but then we being not oblivious of the fact that as the exact date of actual handing over of the material by the A.O of the searched person, viz. M/s Om Sai Motors Pvt. Ltd.cannot be deciphered from either the orders of the lower authorities, or the record before us, therefore in all fairness for the said limited purpose of verifying the said factual position, therein set aside the matter to the file of the A.O The Additional Ground of appeal No. 1 raised by the assessee before us is thus allowed for statistical purposes.
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