TMI Blog2023 (4) TMI 1099X X X X Extracts X X X X X X X X Extracts X X X X ..... e previous year in which search is conducted or requisition is made are the AY 2014-15, 2013- 14, 2012-13, 2011-12, 2010-11, 2009-10 . The year under consideration being 2009-10 indeed falls within the purview of law in view of the amendments inserted in Section 153C vide Finance Act, 2014. As date of search is post- amendment of Section 153A and 153C i.e. on 10.03.2015 therefore, CIT(A) has committed an error in quashing the assessment order. Accordingly, by upholding the validity of proceedings u/s 153C of the Act on the legal issue and we direct the ld CIT(A) to decide the appeal filed by the assessee on merit. Appeal filed allowed for statistical purposes. - I.T.A. No. 1557 And 1558/DEL/2019 And I.T.A. No. 2829/DEL/2019 - - - D ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... could not issue notice U/S 153C of the I. T. Act, 1961 for the A.Y. 2009-10 in view of the amendment u/s I 53Ceven when the amendment to section 153C was made by Finance Act, 2017 which is effective from 01.04.2017, whereas the notice u/s 153C was issued on 18.10.2016, that is prior to the amendment in the provisions U/S 153C. 4. That on facts and circumstances of the case, the Ld. CIT(A) has erred in deleting the addition of Rs.1,60,00,0001- made by the assessing officer on account of unexplained cash credit u/s 68 of the I.T. Act, 1961. 4. Brief facts of the case are that the assessee filed return of income at Rs. 37,746/- and the case was processed u/s 143(1) of the Income Tax Act, 1961 (Act for short)resulting Nil demand for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... endently in case the conditions under relevant section are found to be satisfied and further directed the proceeding may be initiated notwithstanding, anything contained in section 149 subject to provision to section 150(2) of the Act. Aggrieved by the said direction made by the ld CIT(A) for AY 2009-10 and 2010-11, the assessee has preferred appeals by challenging the direction issued by the ld CIT(A) issued u/s 150(1) of the Act in ITA No. 1557 and 1558/Del/2019 and 2829/Del/2019. ITA No. 2829/Del/2019 (AY 2009-10) (Revenue) 8. There was of delay of 20 days in filing the appeal by the Revenue. In the application for condonation of delay the revenue pleaded the assessment file was misplaced and has been traced belatedly that ulti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 53C would be from 2011-12 to 2016- 17, therefore, the Assessing Officer cannot have jurisdiction on the AY 2009- 10 and 2010-11 and relied on the order of the ld CIT(A). 11. We have heard the parties and perused the material on record. In the present case, the search u/s 132 of the Act was carried out on Appu Ghar Group of cases on 10.03.2015. The notice u/s 153C of the Act has been issued on 18.10.2016 with respect to AY 2009-10 to 2014-15. The ld CIT(A) while passing the assessment order held that the date of writing of satisfaction note/ handing over the relevant material being 14.10.2016, the AY in which the date of handing over of the relevant material falls would be AY 2017-18. Therefore, the (block) period for issuing notices u/s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sing Officer shall assess or reassess the total income in respect of each assessment year falling within such six assessment years: Provided further that assessment or reassessment, if any, relating to any assessment year falling within the period of six assessment years referred to in this sub-section] pending on the date of initiation of the search under section 132 or making of requisition under section 132A, as the case may be, shall abate 153C. (1) Notwithstanding anything contained in section 139, section 147, section 148, section 149, section 151 and section 153, where the Assessing Officer is satisfied that, (a) any money, bullion, jewellery or other valuable article or thing, seized or requisitioned, belong ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ced by Finance Act, 2014 w.e.f. 01.10.2014, the six assessment years immediately preceding the AY relevant to the previous year in which search is conducted or requisition is made will come into the purview of block assessment years. 14. In the present case the date of search being 10.03.2015 (previous year 2014-15) and the assessment year being 2015-16 the six assessment years immediately preceding the assessment year relevant to the previous year in which search is conducted or requisition is made are the AY 2014-15, 2013- 14, 2012-13, 2011-12, 2010-11, 2009-10 . The year under consideration being 2009-10 indeed falls within the purview of law in view of the amendments inserted in Section 153C vide Finance Act, 2014. 15. The ld C ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
