2014 (2) TMI 29

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....imilar, we may notice them as they arise in Tax Appeal No.344 of 2013. The following question has been presented for our consideration: "Whether the ITAT was justified in law and in facts in annulling the assessment finalized u/s.153A(b) on technical ground that in absence of search warrant, no order can be passed u/s.153A(b) of the Act, without appreciating fact that the assessee did not challenge issue of statutory notice calling for return u/s.153A of Income Tax Act, 1961 within stipulated time or before completion of assessment, in view of section 124(3) of Income Tax Act,1961?" As is apparent from the question itself, the issue pertains to the validity of the assessment orders passed by the Assessing Officer for different asse....

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....n the first assessment order dated 22-12-2006, it is stated by the AO that survey was conducted u/s.133A at the office premises of the assessee on 19-01-2006 and in the second order passed by the AO on 14-08-2008, he stated that search was carried out on 19-01-2006 in the case of M/s.J.K.Securities Group of caes and in the case of this assessee also. In view of these contrary statement of the AO in these two orders passed by him for the same A.Y. And in the absence of search warrant having been brought on record by the Ld.DR of the Revenue inspite of allowing several opportunities as recorded in the order-sheet, we are of the considered opinion that the assessment completed by the AO u/s 153(b) for A.Y. 2001-02 to A.Y.2004-05 are liable to ....

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....equisitioned under section 132A after 31st of May 2003, the Assessing Officer shall issue a notice to such person requiring him to furnish the return of income and assess or reassess the total income of six assessment years immediately preceding the assessment year relevant to the previous year in which such search is conducted or requisition is made. Section 153B of the Act provides for time limit for completion of assessment under section 153A. Learned counsel for the assessee has rightly relied on a decision of the Orissa High Court in the case of Siksha 'O' Anusandhan v. CIT, 336 ITR 112 (Orissa) in which it was held that provisions of section 153A make it clear that only in the case of a person where a search was initiated under sec....

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....urisdiction of an Assessing Officer - (a) Where he has made a return under sub-section (1) of section 115WD or under sub-section (1) of section 139, after the expiry of one month from the date on which he was served with a notice under sub-section (1) of section 142 or sub-section (2) of section 115WE or sub-section (2) of section 143 or after the completion of the assessment whichever is earlier; (b) where he has made no such return, after the expiry of the time allowed by the notice under sub-section (2) of section 115WD or sub-section (1) of section 142 or under sub-section ()1) of section 115WH or under section 148 for making of the return or by the notice under the first proviso to section 115WF or under the first proviso to sect....