TMI Blog2015 (4) TMI 545X X X X Extracts X X X X X X X X Extracts X X X X ..... hu JJ ITA nos. 5117 5118/Del/2013 M/s Brightways Housing Land Versus DCIT For the Appellant : Shri Salil Agarwal Adv. Shailesh Gupta CA For the Respondent : Smt. A. Misra CIT (DR) 01/04/2015. ORDER Per G.D. Agrawal, V.P.: These appeal, by the assessee, are directed against separate orders of ld. CIT(A), relating to A.Y. 2005-06 2006-07. Since identical issues are involved for adjudication, both these appeals were heard together and are being disposed of by a common order for the sake convenience. 2. Ground no. 2 of the assessee s appeals, which is common in both the appeals, reads as under: 2. That learned Commissioner of Income tax (Appeals) has grossly erred both in law and on facts in sustaining the initiation of proceedings under section 153C of the Act which was without jurisdiction as no document belonging to the assessee company was found from the premises of the searched person and thus, the proceedings initiated under section 153C of the Act should have been quashed as such. 3. At the time of hearing, before us, it was submitted by the ld. counsel of the assessee that search seizure operation u/s 132 of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... material placed before us. The CIT(A) in para 12 of his order has reproduced the satisfaction note recorded by the revenue for initiating proceedings u/s 153C. It would be appropriate to reproduce the same here-in-below: A search and seizure operation under section 132(1) of the Income Tax Act was carried on 05.01.2009 at various business and residential premises of Taneja -puri group of cases. During the course of search at 9, K.G Marg, New Delhi the residence of Sh. Ravinder Kumar Taneja and office premise of various TDI group of companies, various incriminating documents were found and seized. Page 19 to 23 of the Annexure A-7 of Party A-2 contains information relating to TDI, Centre, Jasola mentioning shop number, customer area (sq. ft.) total deal. Misc, received, cheque received, total due and the value at which agreement is to be made. Under the column of total deal rate of the shop is mentioned. Out of the total consideration part is received as cheque and corresponding rate received through cheque is mentioned under it and also the agreement value. It is seen that the project TDI Centre Jasola was undertaken by Brightways Housing and Land Development Ltd. In vie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... clear that the assessee has ignored two zeroes' out of the total consideration paid in cash and recorded as miscellaneous. 9. The' details of total deal value and amount received as 'Misc in cash as contained in pages 19 to 23 is calculated below:- Shop No. Total Deal Mise received FF-06 6916500 3816500 FF-20 993000 475000 FF 31 4867900 2434900 FF-30 4867900 2434900 GF-05 9859500 5959500 GF-04 11268000 6768000 GF-01 14009000 12009000 GF-27 6827100 3427100 GF 26 7041600 NIL GF-35 6400000 3200000 'GF-27 6827100 3427100 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed, which belongs to a person other than the person searched so that it can be ascertained whether the transaction or the income embedded in the document has been accounted for in the case of the appropriate person. It is aimed at ensuring that income does not escape assessment in the hands of any other person merely because he has not been searched under section 132 of the Act. It is only a first step to the enquiry, which is to follow. The Assessing Officer who has searched the satisfaction that the document relates to a person other than the searched person can do nothing except to forward the document to the Assessing Officer having jurisdiction over the other person and thereafter it is for the Assessing Officer having jurisdiction over the other person to follow the procedure prescribed by section 153A in an attempt to ensure that the income reflected by the document has been accounted for by such other person. If he is so satisfied after obtaining the returns from such other person for the six assessment years, the proceedings will have to be closed. If the returns filed by the other person for the period of six years does not show that the income reflected in the document h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... roceedings initiated u/s 153C for the year to which seized documents did not belong. 6.6. Now in the case under appeal before us, after considering the satisfaction note and the assessment order of the AO for AY 2009-10, it is evident that the seized document belonged to AY 2009-10 and not to AY 2005-06 2006-07. Therefore, in our opinion, there is no necessity of sending the matter back to the file of AO for verification of the year to which the seized document belonged. In view of above, we respectfully following the decisions of Hon ble Jurisdictional High Court in the case of SSP Aviation Ltd. (supra); and the ITAT Delhi B Bench in the case of Devi Dayal Petro Chemical Pvt. Ltd. (supra), hold that the proceedings u/s 153C was not validly initiated for AY 2005-06 and 2006-07 because the seized document did not belong to these assessment years. We, therefore, quash the proceedings initiated u/s 153C and consequently assessment orders passed in pursuance thereof. 6.7. Since we have already quashed the assessment orders passed u/s 153C, the other grounds raised by the assessee against the additions made in the order u/s 153C do not survive for adjudication. 7. In the re ..... X X X X Extracts X X X X X X X X Extracts X X X X
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