TaxTMI 
TaxTMI 
2020 (4) TMI 124
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....t the same order for the impugned assessment year. 2. The brief facts of the case show that search and seizure operation was carried out on 15.11.2007 on BPTP Ltd. and its group companies. During the search certain material was seized and it was noted that it belonged to the assessee company and, therefore, proceedings under Section 153C of the Income Tax Act, 1961 (the Act) were initiated on 16.07.2009 for assessment years 2002-03 to 2007-08. For this assessment year, assessee filed its return of income on 25.09.2008 showing income of Rs. 25,35,840/-. The learned Assessing Officer noted that assessee is one of the group company in which land has been purchased in Faridabad. It was noted that only part payment is made at the time of execut....
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....of recording satisfaction is the date of search so the impugned assessment year i.e. Assessment Year 2008-09 falls in the block of six previous years and hence should have been passed under Section 153C of the Act. It is passed under Section 143(3) of the Act. Therefore, it is invalid. He referred to several identical precedents for this proposition. He, therefore, submitted that additional ground goes to the root of the matter and challenges jurisdiction. 2.3 He further stated that the facts are already on record for deciding the additional ground and is purely a legal ground. He also referred his application in detail praying for admission of the above ground. 2.4 The learned Departmental Representative vehemently objected to the additi....
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....ction note for initiating 153C proceedings in the case of the assessee relied recorded on 16.07.2009. He further referred to the decision of Hon'ble Delhi High Court in CIT Vs. RRJ Securities Ltd. Dated 30.10.2015 (380 ITR 612). He further referred to para No. 24 of that order wherein it has been held that in case of person other than search this assessment year for which assessment / re-assessment could be made under Section 153C of the Act would have to be construed with reference to the date of handing over of the assessment / documents sent to the Assessing Officer of the assessee. As the date of satisfaction is 16.07.2009 he submitted that the date of search is 16.07.2009 and the impugned assessment order should have been passed under ....
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....iving the books of accounts by the Assessing Officer having jurisdiction over such person. It further provides that according to Section 153A of the Act assessment or re-assessment relating to any assessment year falling within the period of 6 assessment year pending on the date of initiation of the search under Section 132 would abate. Apparently in this case the date of search is 16.07.2009 and this year's period would be assessment year 2004-05 to assessment year 2009-10. Therefore, it is apparent that the assessee for assessment year 2008-09 should have been made under Section 153C of the Act and not under Section 143(3) of the Act as has been done. The Hon'ble Delhi High Court in the case of Pr. CIT Vs. Sarwar Agency Pvt. Ltd. (supra) ....