TMI Blog2015 (8) TMI 214X X X X Extracts X X X X X X X X Extracts X X X X ..... 7. Thus, the year in which seized material was seized is previous year 2008-09 relevant to the assessment year 2009-10. The preceding six years would be assessment years 2008-09, 2007-08, 2006-07, 2005-06, 2004-05 and 2003-04. Therefore, after considering the facts of the assessee's case and a combined reading of section 153C as well as section 153A, in our opinion, the issue of notice under section 153C for the assessment years 2001-02 and 2002-03 is barred by limitation. Accordingly, we quash the same and consequentially, the assessment order passed in pursuance to the notice issued under section 153C is also quashed. - Decided in favour of assessee. - ITA Nos.567/Del/2011 & 568/Del/2011, ITA Nos.4812/Del/2012 to 4816/Del/2012 - - - Date ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in law in not declaring the assessment barred by limitation. 3. The facts of the case are that assessment for the assessment years 2001-02 and 2002-03, which is under consideration, has been completed under section 143(3) read with section 153C of the Income-tax Act, 1961. As per assessment order, the search and seizure action under section 132 was carried out on R. L. Group on December 13, 2005. During the course of such search, various documents were found and seized out of which certain documents are claimed to be belonging to M/s. R. L. Allied Industries, i.e., the assessee. As per paragraph 2 of the assessment order, the seized material pertaining to the assessee was received on March 12, 2009 from Assistant Commissioner of Income ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nder section 132 of the Income-tax Act was carried out on R. L. group on December 13, 2005. This operation was carried out at premises No. B-265, Derawala Nagar, Delhi. This premises belongs to Sh. Ram Lal Bhatia partner of M/s. R. L. Allied Industries. At this premises certain documents were found and seized. Out of this, pages of annexures A-1 to A-3, A-7 to A-9, A-15 to A-18 and A-21 to A-24 belongs to M/s. R. L Allied Industries. 2. In this case the seized material pertaining to M/s. R. L. Allied Industries was received on March 12, 2009 from the Assistant Commissioner Income-tax Central Circle-17. Accordingly notice under section 153C was issued and served upon the assessee on March 24, 2009 requesting to file return ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sing Officer is satisfied that where the books of account or documents seized belong to a person other than the person referred to in section 153A, then the books of account or documents shall be handed over to the Assessing Officer having jurisdiction of such other person and that the Assessing Officer shall proceed against each such other person in accordance with the provisions of section 153A. Section 153A reads as under : 153A.(1) Notwithstanding anything contained in section 139, section 147, section 148, section 149, section 151 and section 153, in the case of a person where a search is initiated under section 132 or books of account, other documents or any assets are requisitioned under section 132A after the 31st ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... year in which the seized document is received by him and the preceding six years. In the case under appeal before us, as mentioned by the Assessing Officer in paragraph 2 of his order, the seized material was received on March 12, 2009 from the Assistant Commissioner of Income-tax, Central Circle-17. Thus, the year in which seized material was seized is previous year 2008-09 relevant to the assessment year 2009-10. The preceding six years would be assessment years 2008-09, 2007-08, 2006-07, 2005-06, 2004-05 and 2003-04. Therefore, after considering the facts of the assessee's case and a combined reading of section 153C as well as section 153A, in our opinion, the issue of notice under section 153C for the assessment years 2001-02 and 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd 2002-03 is quashed and consequentially, the assessee's appeals vide I. T. A. Nos. 4813/Del/2012 and 4815/Del/2012 are allowed. 13. I. T. A. No. 4812/Del/2012 is the assessee's appeal for the assessment year 2000-01 against the levy of penalty of ₹ 5,000 for non-filing of the return in pursuance to notice under section 153C. While deciding the assessee's appeals for the assessment years 2001-02 and 2002-03 in paragraph Nos. 5 to 8 above, we have held that the issue of notice prior to assessment year 2003-04 is barred by limitation. Once the notice issued under section 153C is barred by limitation, the same is void and the assessee cannot be penalised for non-filing of the return in response to such notice which is not ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
