TaxTMI 
TaxTMI 
2025 (2) TMI 1229
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....se concerning AYs 2003-04 and 2004- 05 and which were numbered as ITA Nos. 569-570/Del/2011 have come to be dismissed. It is its findings and conclusions rendered on the appeals pertaining to AYs 2003-04 and 2004-05 which have come to be assailed before us. 2. We had, in terms of our order dated 13 December 2022, admitted this appeal on the following questions of law : - "(a) Whether on the facts and in the circumstances arising in the case, the orders of the Income Tax Appellate Tribunal [in short "Tribunal"] are perverse on account of the Tribunal failing to deal with the grounds and the judgments cited before it? (b) Whether on the facts and in the circumstances of the case, the assessments are void having been passe....
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....der section 153C was issued and served upon assessee on 24.03.2009. 9. As per the provisions of section 153A(1)(b), Ld. AO is empowered to assess or reassess total income in respect of 6 assessment years, immediately preceding assessment year relevant to previous year in which search is conducted or requisition is made. 10. This Tribunal in assessee's own case for preceding assessment years has come to conclusion on that preceding 6 assessment years would be assessment year 2008-09, 2007-08, 2006-07, 2005-06 2004-05 and 2003-04. We refer to the relevant extract of findings have been reproduced hereinabove." 5. Since AY 2000-01 clearly fell outside the block period of six years as contemplated, the appeal pertaining ....
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....51. At this stage, the first proviso to Section 153-C of the 1961 Act is required to be referred to. The first proviso to Section 153-C of the 1961 Act came to be inserted vide the Finance Act, 2005 with retrospective effect from 1-6-2003, which provides that the reference to the date of initiation of the search under Section 132 or making of requisition under Section 132-A in the second proviso to sub-section (1) of Section 153-A shall be construed as a reference to the date of receiving the books of account or documents or assets seized or requisitioned by the assessing officer having jurisdiction over such other person. 52. The proviso to Section 153-C as inserted vide the Finance Act, 2005 reads as under: "Provided tha....
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.... (supra) the High Court, inter alia, reasoned as follows * : * Page 187 of 346 ITR . " 14. Now, there can be a situation when during the search conducted on one person under section 132, some documents or valuable assets or books of account belonging to some other person, in whose case the search is not conducted, may be found. In such case, the Assessing Officer has to first be satisfied under section 153C, which provides for the assessment of income of any other person, i. e., any other person who is not covered by the search, that the books of account or other valuable article or document belongs to the other person (person other than the one searched). He shall hand over the valuable article or books of account or docu....
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....ry intent to enact the proviso was to cater not merely to the question of abatement but also with regard to the date from which the six year period was to be reckoned, in respect of which the returns were to be filed by the third party (whose premises are not searched and in respect of whom the specific provision under section 153C was enacted). The Revenue argued that the proviso (to section 153C(1)) is confined in its application to the question of abatement. 10. This court is of the opinion that the Revenue's argument is insubstantial and without merit. It is quite plausible that without the kind of interpretation which SSP Aviation adopted, the Assessing Officer seized of the materials - of the search party, under section 1....