TMI Blog2023 (2) TMI 413X X X X Extracts X X X X X X X X Extracts X X X X ..... d therefore without jurisdiction - HELD THAT:- Since the date of receipt of assessment/ documents by the AO of the assessee was on 24th / 28th June 2013, the date of search in the case of the assessee in terms of proviso to Section 153C will be F.Y. 2013-14 and the relevant assessment year would be A.Y. 2014-15. Accordingly, the six assessment year for which notice could have been issued under Section 153C of the Act will be for A.Y. 2008-09 to A.Y. 2013-14. The impugned A.Y. 2006-07 being beyond the period of six years, according to us, is barred by limitation. See case of RRJ Securities Ltd [ 2015 (11) TMI 19 - DELHI HIGH COURT] Revenue has not placed any contrary binding decision in its support nor has placed on record any material to demonstrate that the aforesaid decision rendered by Hon ble Delhi High Court in the case of RRJ Securities Ltd. (supra) has been set aside/stayed or overruled by higher judicial forum - Decided in favour of assessee. - ITA No. 458/Del/2017 - - - Dated:- 9-2-2023 - Sh. Anil Chaturvedi, Accountant Member And Sh. Narender Kumar Choudhry, Judicial Member For the Assessee : Shri Pulkit Saini, Adv. For the Revenue : Shri T. Kipgen, CIT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ns of Rs.30,51,000/- on relying the photocopy of the Agreement and ignoring the original agreement which is a bonafide copy. Therefore, the orders passed by the Ld. CIT(A) may be liable to be quashed and the exorbitant additions made as such may be liable to be deleted. 5. Assessee thereafter vide letter dated 26th September 2022 has raised the additional ground which reads as under: That both the notice dated 27.02.2014 and order of assessment dated 27.02.2015 has been framed u/s 153C/143(3) of the Act are without jurisdiction and, deserve to be quashed as such. 6. With respect to the raising of the additional grounds, it is the submission of the assessee that the additional ground being a legal ground and since it goes to the root of matter, the same be admitted in view of the decision of Hon ble Apex Court in the case of National Thermal Power Company Limited vs. CIT reported in 229 ITR 383 and Hon ble Bombay High Court in the case of CIT vs. Pruthvi Brokers Shareholders (P.) Ltd. reported in 349 ITR 336 (Bom). 7. Learned DR objected to the additional ground raised by the assessee and submitted that only such grounds/issues can be raised before the Tribunal w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Limited on 6th May 2010 and based on the documents seized and information gathered during the course of search and post search proceedings, in the case of assessee proceedings was initiated under Section 153C of the Act. He pointed to the 1st para of the assessment order wherein ACIT, Central Circle-2, Jaipur vide letter dated 24th/28th June 2018 had referred the case of the assessee to the AO for initiating the proceedings under Section 153C of the Act. He thereafter pointed to Para 3 of the assessment order wherein AO has noted that notice under Section 153C read with Section 153A of the Act was issued on 27th February 2014. He submitted that as per proviso to Section 153C, for taking action under Section 153C, the date of search would be substituted by the date of receiving the books of accounts or document or the assets allegedly belonging to the assessee and seized in the course of search of the such person. Pointing to the assessment order, he submitted that the material that was found during the course of search was handed over to the AO of the assessee on 24th / 28th June 2013 and therefore the year of search would be 2013-14 i.e. A.Y. 2014-15 and accordingly the six years ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 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 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. In this case, it would be the date of the recording of satisfaction under Section 153C of the Act, i.e., 8th September, 2010. In this view, the assessments made in respect of assessment year 2003-04 and 2004-05 would be beyond the period of six assessment years as reckoned with 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 assessmen ..... X X X X Extracts X X X X X X X X Extracts X X X X
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