TMI Blog2015 (10) TMI 2775X X X X Extracts X X X X X X X X Extracts X X X X ..... oner of Income Tax [ 2012 (4) TMI 335 - DELHI HIGH COURT] it was categorically held that, in the case of the other person, the question of both pendency and abatement of the proceedings of assessment or reassessment would be examined with reference to the date of handing over the books of account or documents or Assessing Officer having jurisdiction over such other person. No substantial quest ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for the Assessment Year ( AY‟) 2009-10. 4. The Assessee, Bhupinder Pal Singh Sarna, is the co-seller in a transaction of sale and purchase of share capital of M/s. S R Resorts Pvt. Ltd. This Court, by its order dated 11th August 2015 in ITA No. 337 of 2015 (Commissioner of Income Tax-14 v. Shree Jasjit Singh) dismissed the appeal by the co-seller Jasjit Singh relying on the decision ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessment to the assessment years will be examined with reference to such date. 5. The operative portion of the decision of this Court in Commissioner of Income Tax-14 v. Shree Jasjit Singh (supra) reads as under: 4. Although, the ITAT has also referred to its own decision in the case of DSL Properties Pvt. Ltd., which decision is pending consideration in ITA No. 585 of 2013 i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any satisfaction/reason before issuing notice under Section 153C and proceeding further, considering the above aspects, it is advisable for maintaining institutional memory that the AO records receipt of the seized material and the satisfaction from the AO of the searched person and such recording/noting may be kept in the assessment folder of such other person. In case, the AO of the searched per ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act, and therefore, applies on to cases of abatement of pending assessments. In para 14 of the decision in SSP Aviation Limited v. Deputy Commissioner of Income Tax (supra) it was categorically held that, in the case of the other person, the question of both pendency and abatement of the proceedings of assessment or reassessment would be examined with reference to the date of handing over the book ..... X X X X Extracts X X X X X X X X Extracts X X X X
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