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2020 (7) TMI 46 - AT - Income TaxAssessment u/s 153A - Assumption of jurisdiction - HELD THAT:- CIT(A) considered the first issue of assumption of jurisdiction under section 153C of the I.T Act in detail considering the material on record and in the light of Judgment of Hon’ble Delhi High Court in the case of M/s. RRJ Securities Ltd., 2015 (11) TMI 19 - DELHI HIGH COURT The Ld. CIT(A) examining the issue in the light of provisions of Section 153Cof the I.T. Act found that six assessment years prior to the date of search in this case which is September, 2016 being the date on which documents etc., were handed-over to the A.O. of the assessee should be A.Ys. 2011-2012 to 2016-2017. Thus, there was no jurisdiction with the A.O. to proceed under section 153C for the A.Y. 2009-2010 under appeal. D.R. did not dispute that issue is covered in favour of the assessee by Judgment of Hon’ble Delhi High Court in the case of M/s. RRJ Securities Ltd., (supra) in which it was held that “the date of satisfaction would be when the A.O. assumes position as that of the A.O. of the other person Departmental Appeal has no merit and the same is liable to be dismissed. We may also note here that on other two issues, the Ld. CIT(A) has also granted relief to the assessee holding that no incriminating material was found during the course of search so as to make assessment against the assessee. The Revenue has not challenged these findings of the Ld. CIT(A) on these two issues. Therefore, even if the Departmental Appeal may be considered favourably in favour of the Revenue, it would not yield any result as the ultimate result would be that Ld. CIT(A) has correctly allowed the appeal of assessee. - Decided against revenue.
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