TaxTMI 
TaxTMI 
2025 (11) TMI 1895
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....e. 2013-14 is not covered within six assessment years as per section 153C of the Act. 2. Ld. DR strongly placed reliance on the orders of the Assessing Officer and on the other hand, the Ld. Counsel relied on the order of the Ld. CIT(A). Ld. Counsel for the assessee also submitted that the cross objection filed by the assessee is not pressed. Thus, in view of the submission of the Ld. Counsel for the assessee the cross objection filed by the assessee is dismissed as not pressed. 3. Heard rival submissions, perused the orders of the authorities below. On perusal of the order of the Ld. CIT(A) it is noticed that the additions made u/s 153A/153C was deleted by the Ld. CIT(Appeals) on the ground that the assessment year under consideratio....
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....osition of law has been very clearly laid down by Hon'ble High Court of Delhi in the case of CIT vs. RRJ Securities Pvt. Ltd. and by Hon'ble Supreme Court in the case of CIT vs Jasjit Singh. In these cases, Hon'ble Courts have held that the six-year period as referred in section 133C(1) shall be computed with reference to the date of recording of the satisfaction as date of search. The relevant extract of the decision of the Hon'ble Supreme Court and the Jurisdictional High Court are reproduced below for ready reference; 1. In Jasjit Singh (supra), the Hon'ble Supreme Court held as under: "8. In SSP Aviation (supra) the High Court inter alia reasoned as follows: "14. Now there can be a situation when during the se....
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....on, which in the present case is the petitioner herein, such date will be the date of receiving the books of account or documents or assets seized or requisition by the Assessing Officer having jurisdiction over such other person. In the case of the other person, the question of pendency and abatement of the proceedings of assessment or reassessment of pendency and abatement of the proceedings of assessment or reassessment to the six assessment years will be examined with reference to such date." 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 to the date from which the six year period was to be....
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....rit in these appeals; they are accordingly dismissed, without order on costs. 2. In RRJ Securities (Supra), the Hon'ble Delhi High Court held 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 sec. 153A of the Act and the reference to the date of search would hjave to be construed as the reference to the....
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....ich 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 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 se....