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of <h1>Assumption of jurisdiction under s.153C invalidated where satisfaction note shows records handed in FY2022-23, limiting six-year block from AY2023-24</h1> ITAT, Delhi (AT) held the assumption of jurisdiction under s.153C vitiated. The satisfaction note dated 18.04.2022 established the record was handed over ... Assumption of jurisdiction u/s 153C - Period of limitation - Proceedings against legal heir - block of six years - HELD THAT:- In the case in hand, the copy of satisfaction note was provided at the time of hearing as Annexure-A to the synopsis. The same is dated 18.04.2022. That can be considered to be the date of handing over of the record which means that point of origin of six years has to be calculated from the financial year 2022-23, i.e., assessment year 2023-24 onwards. Thus, the AO could have issued notice u/s 153C of the Act for AY 2018-19 onwards for AY 2023-24. The present assessment years 2013-14 and 2014-15 fall beyond the block of six years. Assumption of jurisdiction u/s 153C of the Act was vitiated. Assessee appeal allowed. Return originally filed 29.07.2013; during search and seizure in another case on 14.10.2020 incriminating documents in the name of a deceased person were seized. Proceedings under section 153C were initiated on 20.05.2022; the return filed under section 153C was treated as invalid and a best judgment assessment was framed under section 153C read with section 144. Reliance placed on Supreme Court and High Court precedents regarding the six-year limitation under section 153C being calculated from the date of handing over of seized material to the assessee's AO. The satisfaction note (Annexure-A) dated 18.04.2022 was held to be the date of handing over; therefore the six-year block runs from financial year 2022-23 (AY 2023-24) onward. Consequently the AO 'could have issued notice u/s 153C of the Act for AY 2018-19 onwards for AY 2023-24.' The assessments for AY 2013-14 and AY 2014-15 were held to fall outside the six-year period, and the 'assumption of jurisdiction u/s 153C of the Act was vitiated.' Impugned assessments quashed.
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