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2020 (11) TMI 560 - AT - Income TaxAssessment u/s 153A or 153C - Period of limitation - Whether the assessment for assessment year 2010-11 was required to be framed u/s. 153C of the Act being part of block assessment period or the assessment has been rightly made under regular provisions considering impugned assessment year relevant to the year of search? - HELD THAT:- Since, the Revenue has itself admitted the fact that the year of search would be Financial Year 2010-11 relevant to AY 2011-12, the block period of six years for search assessment u/s.153C of the Act would comprise of assessment years 2005-06 to 2010-11. The assessment for AY 2010-11 being part of block assessment period should have been u/s 153A r.w.s. 153C of the Act. We find merit in the additional ground of appeal raised by the assessee. In the case of CIT vs. Jasjit Singh [2015 (8) TMI 982 - DELHI HIGH COURT] has held that the date of initiation of search u/s. 132 of the Act or requisition u/s.132A of the Act in the case of other person shall be the date of receiving the books of account or documents or assets seized or requisition by the AO having jurisdiction over such other person. In the instant case, although the Assessing Officer of the searched person and the other person(the assessee) was the same, satisfaction was recorded by the Assessing Officer for invoking the provisions of section 153C of the Act on 21/12/2010, the said date would be deemed to be the date of receiving documents by the Assessing Officer. Thus, the year of search would be FY 2010-11 relevant to AY 2011-12. Since, the Revenue has itself admitted the fact that the year of search would be Financial Year 2010-11 relevant to AY 2011-12, the block period of six years for search assessment u/s.153C of the Act would comprise of assessment years 2005-06 to 2010-11. Under these facts, the assessment for AY 2010-11 being part of block assessment period should have been u/s 153A r.w.s. 153C of the Act. We find merit in the additional ground of appeal raised by the assessee.
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