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2022 (9) TMI 70 - AT - Income TaxAssessment framed u/s.153A - computation of period of 6 years / 10 years in search cases - amendment of provisions of section 1153A(1)(b) - HELD THAT:- As decided in A.R. Safiulla [2021 (6) TMI 867 - MADRAS HIGH COURT] has considered the amendment of provisions of section 1153A(1)(b) of the Act and noted that the search assessment year, namely, in the present case, AY 2018-19 has to be excluded and Hon'ble High Court has interpreted that the provisions of section 153 talks on this year preceding to search assessment year and similarly the amendment introduced by the Finance Act, 2017 also talks about the issuance of notice u/s. 153A of the Act, with certain conditions it can be issued beyond six assessment years but up to ten assessment years. That means while computing ten assessment years, the starting point has to be the end of the search assessment year. Respectfully following the jurisdictional High Court decision in the case of A.R. Safiulla (supra), we uphold the order of CIT(A) quashing the assessment framed u/s.153A of the Act by the CIT(A). Hence, this issue of the Revenue appeal is dismissed.
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