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2018 (10) TMI 1887 - AT - Income TaxProceedings u/s 153A - no assessment proceeding was pending being the date of search - HELD THAT:- Admittedly, for the assessment years 2009-10 and 2011-12 under consideration, the assessee filed the return of income on 20.11.2009 and 05.11.2011 and the return was processed under Section 143(1) of the Act and no assessment order was passed under Section 143(3) of the Act. In the meantime, there was search under Section 132 of the Act on 03.09.2013. On the date of search, the time limit for issuing notice under Section 143(2) of the Act had expired. Therefore, it is obvious that the return filed by the assessee before the date of search was terminated by operation of law. In other words, no assessment proceeding was pending on 03.09.2013 being the date of search. This Tribunal is of the considered opinion that when the assessment proceeding is not pending on the date of search, the Assessing Officer can assess or re-assess the income only on the basis of material found during the course of search operation. In this case, admittedly, there was no material found during the course of search operation, therefore, this Tribunal is of the considered opinion that in view of the judgment of Apex Court in Meeta Gutgutia [2018 (7) TMI 569 - SC ORDER] the Assessing Officer cannot initiate proceeding under Section 153A of the Act. - Decided against revenue.
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