2020 (7) TMI 46

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.... six year period, without appreciating the fact that of hearing over is replaced for dated of search only for the purpose of abatement of pending proceedings as per 2nd proviso of Section 153A and not for counting the six year period in section 153A(1) of the Act." 2. Briefly the facts of the case are that original return declaring income of Rs. 1,29,56,171/- was filed by assessee on 30.09.2009 which was processed under section 143(1) of the I.T. Act, 1961 on 29.10.2010. A search and seizure action under section 132 of the I.T. Act was conducted on 09.10.2014 on various business and residential premises of M/s. Kuber Group of cases including the premises of Shri Mulchand Malu and Shri Vikas Malu at New Delhi where the documents belonging....

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....der section 153A/153C of the I.T. Act as well as addition on merit before the Ld. CIT(A). The detailed written submissions of the assessee were recorded on which comments of the A.O. were also called for. The Ld. CIT(A) considered the submissions of the assessee, remand report and material on record while deciding the three questions in appeal. 4. The Ld. CIT(A) decided the first question whether impugned assessment order dated 23.03.2017 under section 153A r.w.s. 153C of the I.T. Act was time barred or beyond jurisdiction. The Ld. CIT(A) noted that the date of issue of notice under section 153A/153C from the facts available on record is dated 28.09.2016. The satisfaction note of the persons searched carries date of 02.09.2016. The sa....

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....ur of the assessee. The Ld. CIT(A) following the above decisions of Hon'ble Delhi High Court held that "no order for the assessment year under appeal i.e., 2009-2010 could be passed at all under section 153C of the I.T. Act." Therefore, there is no jurisdiction with the A.O. to pass such assessment order for the assessment year under appeal and the same was held to be without jurisdiction, void abinitio and was quashed. 4.1. The Ld. CIT(A) further decided another question whether assessment order passed under section 153A/153C is invalid and bad in Law as satisfaction note does not reveal any incriminating evidence or material found during the course of search. The Ld. CIT(A) reproduced the detailed written submissions of the assessee an....

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....'ble Delhi High Court in the case of M/s. RRJ Securities Ltd., (supra). He has further submitted that the Ld. CIT(A) granted relief on other issues also which have not been challenged by the Revenue in the present appeal. 8. We have considered rival submissions and perused the findings of the authorities below. The Ld. CIT(A) considered the first issue of assumption of jurisdiction under section 153C of the I.T Act in detail considering the material on record and in the light of Judgment of Hon'ble Delhi High Court in the case of M/s. RRJ Securities Ltd., (supra). The Ld. CIT(A) examining the issue in the light of provisions of Section 153Cof the I.T. Act found that six assessment years prior to the date of search in this case which is S....