TMI Blog2020 (7) TMI 46X X X X Extracts X X X X X X X X Extracts X X X X ..... d be A.Ys. 2011-2012 to 2016-2017. Thus, there was no jurisdiction with the A.O. to proceed under section 153C for the A.Y. 2009-2010 under appeal. D.R. did not dispute that issue is covered in favour of the assessee by Judgment of Hon ble Delhi High Court in the case of M/s. RRJ Securities Ltd., (supra) in which it was held that the date of satisfaction would be when the A.O. assumes position as that of the A.O. of the other person Departmental Appeal has no merit and the same is liable to be dismissed. We may also note here that on other two issues, the Ld. CIT(A) has also granted relief to the assessee holding that no incriminating material was found during the course of search so as to make assessment against the assessee. The Reven ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of M/s. Kuber Group of cases including the premises of Shri Mulchand Malu and Shri Vikas Malu at New Delhi where the documents belonging to M/s. Kuber Product Pvt. Ltd., were found. The case of assessee company was centralized. Accordingly, a satisfaction note was recorded by A.O. of Shri Mulchand Malu and Shri Vikas Malu by giving findings that documents belonging to M/s. Kuber Product Pvt. Ltd., were found at the premises of Shri Mulchand Malu and Shri Vikas Malu at New Delhi and these documents were handed-over to the A.O. of M/s. Kuber Product Pvt. Ltd., on the basis of which satisfaction note was recorded by A.O. before issuing notice under section 153A read with section 153C of the I.T. Act, 1961. The A.O. issued notice under secti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 153C from the facts available on record is dated 28.09.2016. The satisfaction note of the persons searched carries date of 02.09.2016. The satisfaction note of the other person which is the assessee carries date as 28.09.2016. As such, on earliest point of time when the seized material was received by the A.O. of the assessee was 02.09.2016. It was after receipt of the seized material with the A.O. of the other person [which is the appellant-assessee] issued notice under section 153A r.w.s 153C of the Act on 28.09.2016. The assessee has pointed out that for the purpose of Section 153C the date of initiation of search under section 132 of the Act shall be taken as the date of receiving the books of account etc., The Ld. CIT(A) referred to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... riminating evidence or material found during the course of search. The Ld. CIT(A) reproduced the detailed written submissions of the assessee and found that no incriminating material has been found during the course of search. The A.O. has not noted whether documents found are incriminating material in nature at all. Therefore, issue was found covered in favour of the assessee by Judgment of Hon ble Delhi High Court in the case of CIT vs., Kabul Chawla 380 ITR 572 (Del.). This issue was decided in favour of the assessee that since no incriminating material was found during the course of search against the assessee, therefore, no assessment could have been framed against the assessee. Therefore, assessment order was held to be invalid and ba ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ue in the light of provisions of Section 153Cof the I.T. Act found that six assessment years prior to the date of search in this case which is September, 2016 being the date on which documents etc., were handed-over to the A.O. of the assessee should be A.Ys. 2011-2012 to 2016-2017. Thus, there was no jurisdiction with the A.O. to proceed under section 153C for the A.Y. 2009-2010 under appeal. The Ld. D.R. did not dispute that issue is covered in favour of the assessee by Judgment of Hon ble Delhi High Court in the case of M/s. RRJ Securities Ltd., (supra) in which it was held that the date of satisfaction would be when the A.O. assumes position as that of the A.O. of the other person . Therefore, Departmental Appeal has no merit and th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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