TaxTMI 
TaxTMI 
2021 (10) TMI 832
X X X X Extracts X X X X
X X X X Extracts X X X X
....he subject matter of the appeal pertains to the Assessment year 2004-05 & 2005-06. The appeal was admitted by a bench of this Court on the following substantial question of law: Whether in law, the finding of Tribunal that an AO could issue two notices is perverse for reason that the first notice continued to subsist? 2. Facts leading to filing of this appeal briefly stated are that assessee is the legal representative of Late Chikkanna alias Thimmaiah. A search was conducted in the premises of the assessee on 29.03.2006. The revenue found the documents during the course of the search, which related to his father Late Chikkanna and proceeding was initiated invoking provisions of Section 153C of the Act. Thereafter, an order of assessment....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... order dated 10.02.2015 dismissed the appeal. The aforesaid order has been affirmed by the tribunal on 17.06.2016. In the aforesaid factual background, this appeal has been filed. 5. Learned Senior counsel for the assessee submitted that tribunal has failed to assign any reasons while recording the conclusion that time limit for completion of the assessment has to be reckoned from the date of service of notice at the residential premises of the assessee i.e., with effect from 06.04.2011, though, first notice was admittedly served on the assessee on 25.03.2011. it is further submitted that the assessment has not been completed within the period of nine months as stipulated under Section 153(2) of the Act and therefore, the same is beyond li....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... assessee do not apply to the fact situation of the case as in the instant case, two notices were issued on the same dated i.e., 22.03.2011 and the instant case is not a case of issuance of different notices on different dates. It is further stated by learned counsel for the revenue that the records of the case are not available as the same have been destroyed. 7. We have considered the submissions made by learned counsel for the parties and have perused the record. Section 153(2) of the Act provides that no order of assessment, re-assessment or re-computation shall be made under Section 147 after expiry of nine months where the notice under Section 148 of the Act was served on the assessee on or after 1st day of April, 2005 but before 1st....