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2016 (6) TMI 51 - AT - Income TaxAssessment u/s 144 or 153C - nature of assessment - Held that:- Material belonging to the assessee, which was seized in the search proceedings of Dhingra Group of cases was handed over to the AO of the assessee on the date on which satisfaction note was recorded by the AO of the searched person i.e. 5th July, 2010 and accordingly the six preceding assessment years from the assessment year relevant to the previous year in which the seized material was handed over to the AO of the assessee would be assessment year 2005-06 to 2010-11. We, accordingly, hold that the relevant assessments which could be reassessed as per section 153C r.w.s. 153A(1) in the case of the assessee would be from AYs 2005-6 to 2010-11, thus the assessment completed under section 144 of the Act for the year under consideration i.e AY 2009-10, is illegal and invalid as same should have been completed under section 153C of the Act. Since we have already held the entire proceedings under section 144 of the Act as illegal, we do not propose to adjudicate other grounds of the assessee. - Decided in favour of assessee
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