2016 (3) TMI 506 - ITAT DELHI - Income Tax

Head Note / Extract:
Validity of assessment u/s 153A(1)(b) - Held that:- In the present case, it is an admitted fact that the search u/s 132 of the Act took place on 31.07.2008 and as per provisions contained in Section 153A(1)(b) of the Act, the assessment was to be framed for the six assessment years i.e. the assessment year 2004-05 to assessment year 2009-10. However, the AO framed the assessment for the assessment year 2003-04 also which was outside, the purview of the provisions contained in the aforesaid referred to Section 153A(1)(b) of the Act. Therefore, the assessment order passed for the assessment year 2003-04 is held invalid. Since we have held the assessment itself as invalid, therefore, we do not see any merit in the appeal of the department. Moreover, the tax effect involved in the departmental appeal is less than ₹ 10,00,000/-, therefore, the department ought not to have filed the appeal as per the Circular No. 21 of 2015 dated 10.12.2015 issued by the CBDT. - Decided against revenue