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2016 (8) TMI 686 - AT - Income TaxAssessment u/s 153C - Held that:- The block period, in view of first proviso to section 153C, had to be determined for the purposes of second proviso to section 153A from the date when the books of a/c were handed over to the AO of person other than the searched person. Respectfully following the aforementioned decision of Hon’ble Delhi High Court in the case of RRJ Securities Ltd. (2015 (11) TMI 19 - DELHI HIGH COURT )we hold that assessment for AY 2007-08 was outside the ambit of the block period and the AO had no jurisdiction to make assessment of the assessee’s income for that year. Accordingly, assesse’s appeal for AY 2007-08 is allowed. - Decided in favour of assessee. Now coming to the appeals for AY 2008-09 and 2009-10, where the regular assessments were completed u/s 143(3) on 30.12.2010 and 30.12.2011 respectively u/s 143(3), the plea of ld. counsel for the assessee is that they were completed assessments and, therefore, the assessee’s total income could be tinkered with only when some incriminating material was found during the course of search. He referred to the assessment order passed by the AO and pointed out that both the additions made by AO have no relation with the seized material and therefore, additions could not be made to the income assessed under the regular assessment. We have considered the submissions of both the parties and have perused the record of the case. We find that as far as addition u/s 14A made for both the assessment years is concerned, the same has no relation with the seized material and since this was a case of completed assessment on the date of construed search, therefore, the addition could not be made.
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