2018 (1) TMI 585

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....assessment years 2006-07 to 2009-10. The assessee has also filed cross-objections against the very same order of the CIT(Appeals). Since common issue arises for consideration in all the appeals and cross-objections, we heard all the appeals and cross-objections together and disposing of the same by this common order. 2. There was a delay of 64 days in filing the cross-objections by the assessee. The assessee has filed a petition for condonation of delay. We have heard the Ld. representative and the Ld. D.R. We find that there was sufficient cause for not filing the cross-objections before the stipulated time. Therefore, we condone the delay and admit the appeal. 3. Shri S. Bharath, the Ld. Departmental Representative, submitted that t....

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....initiating proceeding under Section 153A of the Act, the pre-condition is that there should be a search. According to the Ld. representative, if an assessment proceeding is pending on the date of search, then the pending proceeding shall abate. The Assessing Officer has to make one composite assessment order for the total income disclosed by the assessee either before the date of search or after the date of search. In case the assessment proceeding is not pending on the date of search, according to the Ld. representative, the Assessing Officer cannot reopen the concluded assessment and he has to confine himself only to the material found during the course of search for making assessment under Section 153A of the Act. In the case before us, ....

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....nt proceeding was not pending on the basis of the return filed earlier, then the completed assessment will not abate and the Assessing Officer has to make an assessment on the basis of material found during the course of search operation. 6. In the case before us, even though no assessment order was passed, the time limit for issuing notice under Section 143(2) of the Act has expired. Hence, the assessment proceeding initiated on the basis of the return filed before the date of search was terminated by operation of law. In other words, once the time limit for issuing notice under Section 143(2) of the Act expired, on the basis of return filed earlier, the assessment proceeding is terminated and it cannot be said that it was pending on th....