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2020 (2) TMI 1044 - AT - Income TaxAssessment u/s 153C - assessment beyond four years - HELD THAT:- It is not in dispute that search was conducted on 20.01.2014 in the cases of M/s Mapsa Logistics Pvt. Ltd. & Ors. and satisfaction u/s 153C was recorded on 23.02.2016 that the documents pertaining to assessee have been seized during the course of search. The AO, accordingly, issued notice u/s 153C on 23.02.2016. The issue is, therefore, covered by judgment of Hon’ble Delhi High Court in the case of RRJ Securities Ltd. [2015 (11) TMI 19 - DELHI HIGH COURT] as is considered by the CIT(A) in the impugned order. The six assessment years for which assessments/reassessments could be made u/s 153C of the Act would also have to be construed with reference to the date of handing over of the assets/documents to the AO of the assessee i.e. 23.02.2016. Therefore, the relevant assessment years for initiating proceedings u/s 153C would be assessment years 2010-11 to 2015-16. Therefore, the assessment years under appeal i.e. 2008-09 & 2009-10 would be beyond the period of six years. . In view of the above, assessment for current AY were outside the scope of Section 153C of the Act and the AO had no jurisdiction to make an assessment of the Assessee’s income for the year in question. - Decided in favour of assessee.
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