TaxTMI 
TaxTMI 
2023 (2) TMI 413
X X X X Extracts X X X X
X X X X Extracts X X X X
.... and documents received from ACIT Central Circle - 2, Jaipur, a search and seizure operation was conducted on 6th May 2010 at the office premises of M/s. KGK Infrastructure & Developers Private Limited and its group companies at Jaipur. The documents seized during the course of the search at the office premises of M/s. KGK Infrastructure & Developers Private Limited contained a copy of an agreement entered into between M/s. Shivam Real Estate & Developers, Jaipur and the assessee which was with respect to the sale of 18.44 hectare agricultural land situated at village Vimalpura, Jaipur. AO has further noted that ACIT, Central Circle-2, Jaipur vide letter F.No. ACIT/Central Circle-2/2012-13/Letter/A/483 dated 24th / 28th June 2013 had referr....
X X X X Extracts X X X X
X X X X Extracts X X X X
....may be liable to be deleted." 5. Assessee thereafter vide letter dated 26th September 2022 has raised the additional ground which reads as under: "That both the notice dated 27.02.2014 and order of assessment dated 27.02.2015 has been framed u/s 153C/143(3) of the Act are without jurisdiction and, deserve to be quashed as such." 6. With respect to the raising of the additional grounds, it is the submission of the assessee that the additional ground being a legal ground and since it goes to the root of matter, the same be admitted in view of the decision of Hon'ble Apex Court in the case of National Thermal Power Company Limited vs. CIT reported in 229 ITR 383 and Hon'ble Bombay High Court in the case of CIT vs. Pruthvi Brokers & Shareho....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... It has further held that there is no reason to restrict the power of Tribunal u/s 254 only to decide the grounds which arise from the order of the Commissioner of Income Tax (Appeals) and that both the assessee and department have a right to file an appeal/cross objections before the tribunal and the Tribunal should not be prevented from considering questions of law arising in assessment proceedings although not raised earlier. It has further held that the view that tribunal is confined only to issues arising out of the appeal before CIT(A) is too narrow a view to take of the powers of the tribunal. We further find that the case laws relied upon by Learned DR are not applicable to the present facts of the case. We therefore following the a....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... A.Y. 2014-15 and accordingly the six years for which proceedings under Section 153C of the Act can be initiated would be from A.Y. 2008-09 to A.Y. 2013-14. He therefore submitted that the notice issued under Section 153C of the Act for A.Y. 2006-07 being beyond the period of six years was thus clearly barred by limitation and being outside the scope of Section 153C of the Act and therefore the AO had no jurisdiction to make the assessment of the assessee for that year. In support of his contentions, he placed reliance on the decision of Honorable Delhi High Court in the case of CIT vs. RRJ Securities Ltd. reported in 380 ITR 12 (Del) and decision in the case of PCIT vs. Sarwar Agency (P.) Ltd. reported in [2017] 85 taxmann.com 269 (Delhi).....
X X X X Extracts X X X X
X X X X Extracts X X X X
....4, it has been observed as under: "24. As discussed hereinbefore, in terms of proviso to Section 153C of the Act, a reference to the date of the search under the second proviso to Section 153A of the Act has to be construed as the date of handing over of assets/documents belonging to the Assessee (being the person other than the one searched) to the AO having jurisdiction to assess the said Assessee. Further proceedings, by virtue of Section 153C(1) of the Act, would have to be in accordance with Section 153A of the Act and the reference to the date of search would have to be construed as the reference to the date of recording of satisfaction. It would follow that the six assessment years for which assessments/reassessments could be made ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....searched) as the date of the search on the Assessee. The rationale appears to be that whereas in the case of a searched person the AO of the searched person assumes possession of seized assets/documents on search of the Assessee; the seized assets/documents belonging to a person other than a searched person come into possession of the AO of that person only after the AO of the searched person is satisfied that the assets/documents do not belong to the searched person. Thus, the date on which the AO of the person other than the one searched assumes the possession of the seized assets would be the relevant date for applying the provisions of Section 153A of the Act. We, therefore, accept the contention that in any view of the matter, assessme....