TaxTMI 
TaxTMI 
2025 (5) TMI 2113
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....1/08/2024 pertaining to AYs 2007-08 & 2008-09. The revenue's appeals are time barred. The delay is condoned. C.O. No. 9/Mum/2025 & C.O. No. 10/Mum/2025 are cross objections by the assessee preferred against the very same order of the ld. CIT(A). The appeals and the cross-objections were heard together and are disposed off by this common order for the sake of convenience and brevity. 2. In its cross-objections, the assessee has challenged the validity of the impugned assessment order framed u/s 144 r.w.s. 153C of the Act as null and void as the same is passed in violation of provisions of the Act. Since the cross-objections goes to the root of the matter, they are adjudicated first. 3. The sole contention of the ld. Counsel for the ....
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....of six assessment years starts from AY 2009-10 till AY 2014-15. Therefore, in the light of provisions of Section 153C of the Act, the impugned assessment years i.e., 2007-08 and 2008- 09 are beyond the block of six assessment years and, therefore, the assessment framed u/s 153C of the Act has to be treated as null and void. For this proposition, we derive support from the decision of the Hon'ble Supreme Court in the case of CIT vs. Jasjit Singh [2023] 155 taxmann.com 155 (SC), wherein the Hon'ble Supreme Court has laid down the following ratio:- "9. It is evident on a plain interpretation of Section 153C(1) that the Parliamentary intent to enact the proviso was to cater not merely to the question of abatement but also with regard t....
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.... 11. For the foregoing reasons, the Court finds no merit in these appeals; they are accordingly dismissed, without order on costs." 8. The Hon'ble Supreme Court confirmed the order of the Hon'ble Delhi High Court in CIT vs. Jasjit Singh [2023] 155 taxmann.com 154 (Delhi), wherein the Hon'ble High Court had held as under:- "3. The question raised before the ITAT was with reference to the first proviso to section 153C (1). The ITAT has relied upon the judgment of this Court in SSP Aviation Ltd. v. Dy.CIT [2012] 20 taxmann.com 214/207 Taxman 260/346 ITR 177/252 CTR (Del) 291, which in para 14 held that while in the case of the searched person, the date with reference to which the proceedings for assessment or reassessment o....
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....er Section 153C. Though there is no statutory requirement for the AO of such other person to record any satisfaction/reason before issuing notice under Section 153C and proceeding further, considering the above aspects, it is advisable for maintaining institutional memory that the AO records receipt of the seized material and the satisfaction from the AO of the searched person and such recording/noting may be kept in the assessment folder of such other person. In case, the AO of the searched person exercises jurisdiction over the other person also, appropriate referencing should be made in the relevant assessment records of such other person". 5. It may be noted that in the present case satisfaction note was prepared by the AO on 2....