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Pr. Commissioner of income tax-12 Versus RL Allied Industries

2016 (2) TMI 277 - DELHI HIGH COURT

Validity of assessment u/s 153 C - Held that:- In the present case, there is no doubt that it was only on 24th March 2009 that the AO of the Assessee received the documents seized and it was on that date a notice under Section 153C (1) was issued and served upon the Assessee. Consequently, this Court finds no legal error in the conclusion of the ITAT that notice under Section 153C (1) could not have been issued for AYs 2001-02 and 2002-03. - Decided in favour of assessee. - ITA 370/2015, ITA 401 .....

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( ITAT ) in ITA Nos. 567-568/Del/2011 and 4812-4816/Del/2012 for the Assessment Years ( AYs ) 2000-01 to 2002-03. 2. The question sought to be urged by the Revenue is whether the ITAT erred in accepting the plea of the Assessee that the assessments for the aforementioned AYs were barred by limitation in terms of the proviso to Section 153C of the Act. 3. A search and seizure action under Section 132 of the Act was carried out on the RL Group on 13th December 2005. In the course of search, severa .....

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h 2009. 4. The contention of the Assessee, which found favour with the ITAT, is that in terms of the proviso to Section 153C (1) of the Act, the date of receipt of the books and accounts by the AO of the Assessee is deemed to be the date of search as far as the Assessee is concerned. The six AYs preceding the year of the search, for which the assessment was proposed to be reopened, related as far back as 2003-04. Consequently, it was held by the ITAT that the reopening of the assessment for AYs .....

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ection 153C (1) of the Act would only be that regular assessments which may have been pending for any of the six AYs preceding the year of search would abate but that the period for completion of assessments would begin to run from the later date i.e. the date of handing over of the accounts and documents etc to the AO of the 'other person'. In effect, learned counsel for the Revenue doubted the correctness of the decisions in SSP Aviation (supra) and RRJ Securities(supra) and sought a r .....

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to Section 153A of the Act has to be construed as the date of handing over of assets/documents belonging to the Assessee (being the person other than the one searched) to the AO having jurisdiction to assess the said Assessee. Further proceedings, by virtue of Section 153C(1) of the Act, would have to be in accordance with Section 153A of the Act and the reference to the date of search would have to be construed as the reference to the date of recording of satisfaction. It would follow that the .....

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h reference to the date of recording of satisfaction by the AO of the searched person. It is contended by the Revenue that the relevant six assessment years would be the assessment years prior to the assessment year relevant to the previous year in which the search was conducted. If this interpretation as canvassed by the Revenue is accepted, it would mean that whereas in case of a person searched, assessments in relation to six previous years preceding the year in which the search takes place c .....

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eipt of assets and documents by the AO of the Assessee (other than one searched) as the date of the search on the Assessee. The rationale appears to be that whereas in the case of a searched person the AO of the searched person assumes possession of seized assets/documents on search of the Assessee; the seized assets/documents belonging to a person other than a searched person come into possession of the AO of that person only after the AO of the searched person is satisfied that the assets/docu .....

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