2022 (7) TMI 1522

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....g Counsel. For the Respondent : None. JUDGMENT MANMOHAN, J (ORAL): 1. Present appeal has been filed challenging the Order dated 30th June, 2020 passed by the Income Tax Appellate Tribunal ('ITAT') in ITA No. 6307/Del/2017 for the assessment year 2008-09. 2. Learned counsel for the appellant submits that it is clear that Assessment Year 2008-09, in the present case, is not a ....

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.... date of receiving documents is to be taken as date of search or not has been answered by a Coordinate Division Bench of this Court in Commissioner of Income-tax- 7 Vs. RRJ Securities Ltd., [2016] 380 ITR 612. The relevant portion of the said judgment is reproduced hereinbelow: "24. As discussed hereinbefore, in terms of proviso to Section 153C of the Act, a reference to the date of the s....

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....rding of satisfaction under Section 153C of the Act, i.e., 8th September, 2010. In this view, the assessments made in respect of assessment year 2003-04 and 2004- 05 would be beyond the period of six assessment years as reckoned with reference to the date of recording of satisfaction by the AO of the searched person. It is contended by the Revenue that the relevant six assessment years would be th....

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.... which construes the date of receipt of assets and documents by the AO of the Assessee (other than one 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 sear....