Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2018 (9) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (9) TMI 951 - AT - Income TaxValidity of assessment framed u/s 153C - period of limitation - assessment beyond period of six years - Held that:- Search on the Ashoka Group of cases was conducted on 20.04.2010. The proceedings under section 153C were initiated against the assessee by recording satisfaction on 11.07.2012 and issue of notice under section 153C of the Act was on 11.07.2012 i.e. assessment year 2013-14. In case, the period of preceding six years is calculated, then same falls within assessment years 2007-08 to 2012-13. The assessment under section 153C has been initiated against the assessee for assessment year 2005-06 also, which admittedly is beyond the period of six years. We hold that the assessment proceedings initiated for the instant assessment year are beyond the period available under the proviso to section 153C of the Act read with proviso to section 153A of the Act. The Assessing Officer thus, had no jurisdiction to take up the proceedings for the captioned assessment year - Decided against revenue
|