TMI Blog2017 (8) TMI 733X X X X Extracts X X X X X X X X Extracts X X X X ..... mputation of the block period would be the date on which, based on the seized documents, notice is issued to the 'other person' under Section 153 C of the Act. Thus in the present case, the six year period prior to AY 2012-13 i.e. AY 2007-08 to AY 2012-13. Thus no notice could be issued under Section 153 C of the Act to reopen the Assessee's assessment for AY 2006-07. - Decided in favour of assessee. - ITA No. 422/2017 - - - Dated:- 17-8-2017 - S. MURALIDHAR PRATHIBA M. SINGH JJ. Appellant Through: Mr. Ashok K. Manchanda, Senior Standing Counsel for the Income Tax Department with Mr. Anand Chaudhuri, Advocate. Respondent Through: Mr. Salil Aggarwal, Advocate. O R D E R Dr. S. Muralidhar, J.: 1. The Revenue has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r assets seized or requisitioned by the Assessing Officer having jurisdiction over such other person. 5. In terms of Section 153 A(1) (b) of the Act, the AO shall assess or re-assess the total income of six AYs immediately preceding the AY relevant to the previous year in which the search was conducted. The second proviso to sub-section (1) of Section 153 A of the Act, states that assessment or re-assessment relating to any AY falling within the period of six AYs referred to in the said sub-section pending on the date of initiation of the search under Section 132, would abate. 6. The case of the Revenue is that the first proviso to Section 153 C refers only to the second proviso to Section 153 A(1) of the Act, which only indicates ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 380 ITR 612 (Del) where this very question was examined and answered in favour of the Assessee and against the Revenue. 8. In RRJ Securities (supra), the Court after noticing the decision in SSP Aviation Ltd. v. Deputy CIT [2012] 346 ITR 177 (Del), held as follows: 21. As discussed hereinbefore, once the AO of the searched person is satisfied that the seized assets/documents belong to another person and the said assets/documents have been transferred to the AO of such other person, the proceedings for assessment/reassessment of income of the other person has to proceed in accordance with provisions of Section 153A of the Act. Section 153A requires that where a search has been initiated under Section 132 of the Act, the AO is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 six assessment years for which assessments/reassessments could be made under Section 153C of the Act would also have to be construed with reference to the date of handing over of assets/documents to the AO of the Assessee. 9. The said decision in RRJ Securities (supra) has been followed by this Court subsequently in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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