2025 (11) TMI 562

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....-17, filed before him against the order dated 31.03.2016 passed u/s 153C/143(3) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act') by the DCIT, Central Circle-19, New Delhi (hereinafter referred to as the Ld. AO, for short). 2. On hearing both the sides it comes up that the assessee company was in appeal before this Tribunal for two assessment years i.e. AY 2013-2014 and 2014-2015 ITA No. 482/D/2019 and 483/D/2019 respectively. During the course of proceedings, the assessee company for AY 2014-2015 raised an additional ground challenging the assessment validity u/s 153C. The ground is reproduced herewith: - "i. That on the facts and circumstances of the case and in law the assessment order passed by the AO is voi....

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....he sake of convenience, the operating para of M/A order bearing M/A no. 218/D/2024 dated 09.05.2025 is reproduced herewith: - "3. We have heard the rival submissions and perused the material available on record. We find that the Tribunal had adjudicated the grounds raised by the assessee for AY 2013-14 and noted that identical grounds raised for Ay 2014- 15 also and accordingly applied the decision rendered for AY 2013-14 mutatis mutandis for AY 2014-15 also. But on perusal of the appeal folder that additional grounds had been indeed raised by the assessee by electronic mail during Covid where virtual hearing were conducted vide email dated 29.09.2021. These additional grounds are indeed available in the appeal folder. Since, these....

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....f section 153C of the Act. Furthermore, it opined that date on which the Assessing officer of the person other than the one searched assumes the possession of the seized assets would be relevant date for applying the provisions of Section 153A of the Act. 6. In the instant case the date of recording satisfaction is said to be 18.01.2016 and hence from the date of recording satisfaction, relevant date for applying the provisions of section 153C of the Act is to be construed. Hence, six years for carrying out assessment u/s 153C would be from AY 2010-2011 to 2015- 2016 and for AY 2016-2017 assessment would be completed u/s 143(3) of the Act. Thus for the assessment year under consideration i.e. AY 2014-2015, falling in six years eligible f....