2019 (1) TMI 584

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....CIT For The Respondents : Shri K.M. Mohandass, CA ORDER PER N.R.S. GANESAN, JUDICIAL MEMBER: All the appeals of the Revenue in respect of independent assessees are directed against the respective orders of the Commissioner of Income Tax (Appeals) -18, Chennai, dated 23.02.2018 pertaining to assessment year 2011-12. Since common issue arises for consideration in all these appeals, we heard these appeals together and disposing of the same by this common order. 2. Smt. Ruby George, the Ld. Departmental Representative, submitted that there was a search in the premises of the assessees on 03.09.2013. According to the Ld. D.R., it was found during the course of search operation that the assessees have received advances in cash duri....

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....12. In all cases, according to the Ld. representative, the search took place on 03.09.2013. The time limit for issuing notice under Section 143(2) of the Act was 31.03.2012. Admittedly, the search took place on 03.09.2013. Therefore, according to the Ld. representative, the assessment proceeding initiated after filing the return of income on regular course before the date of search, culminated by operation of law on 31.03.2012. Hence, on the date of search, i.e. on 03.09.2013, no assessment proceeding was pending before the Assessing Officer. Therefore, according to the Ld. representative, the pending assessment proceeding or the assessment proceeding which was culminated or terminated by operation of law cannot be reopened by the Assessing....

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....used the relevant material available on record. It is not in dispute that all the assessees have fled the return of income in the regular course before the date of search which took place on 03.09.2013. The time limit for issuing notice, on the basis of the return of income filed before the search, expired well before the date of search. The Assessing Officer also processed the return under Section 143(1) of the Act and issued intimation before the date of search. Therefore, admittedly, no assessment proceeding was pending on the date of search on 03.09.2013. In other words, the assessment proceeding on the basis of return already filed terminated / culminated by operation of law. Therefore, no assessment proceeding was pending on the date ....