2010 (4) TMI 1190

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...., 3138, 3139 & 3140/DEL/09 2. The first common issue raised is that no addition can be made u/s 153A in the absence of any incriminating material found during search relating to relevant issue. 2.1 Before us ld. counsel submitted that he shall not be pressing this ground. Accordingly, this ground is dismissed as not pressed. 3. As regards the merits of the case at the threshold it has been mentioned that no reasonable opportunity of hearing has been allowed and therefore the impugned assessment orders are illegal and unsustainable. 3.1 On this issue it has been contended by the assessee that within a short span of five days, the assessment process from issue of notice to completion of assessment has been completed in a very hast....

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....adequate opportunity of being heard to the assessee. Accordingly, the matter to consider the merits of the case is remitted to the files of the Assessing Officer. Hence, these appeals are partly allowed for statistical purposes. ITA NO. 3141/DEL/09 4. The first issue raised in this case is that the search being conducted on 30.8.2005, no Asstt. u/s 153A could had been done for A.Y. 2006-07, consequently, the whole proceedings commencing from issuance of notice u/s 153A and ended with framing of Asstt. u/s 153A are without jurisdiction, illegal and unsustainable in law. 4.1 We have heard both the counsels and perused the records. We can gainfully refer here the provision of section 153A in this regard as under:- "153A. (1) Notwit....

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....year of the search hence is 2005-06 and assessment year is 2006-07. Section 153A mandates assessment of six assessment years preceding assessment year 2006-07. Hence assessment year 2006-07 itself could not be subject to the assessment u/s 153A. Hence the assessee's contention here is in accordance with law. 4.3 Ld. Departmental Representative on this issue fairly agreed to this proposition. However, he claimed that it was a mistake on the part of the revenue to have issued notice u/s 153A instead of notice of reopening u/s 148. Hence he requested that direction may be given in this regard. 4.4 Upon careful consideration we find ourselves in agreement with the contention of the ld. counsel of the assessee that as per the clear prescri....