2025 (12) TMI 269

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....11 is beyond the block periods for assessment u/s 153A of the Act of the Income-tax Act, 1961 [the Act, for short]. 3. The ld DR vehemently argued that as per explanation 1 of the section 153A, the instant AY 2010-11 is covered under the block period of 10 years. 4. On the other hand, defending the CIT(A) order, the ld AR of the assessee submitted that the genesis of the present revenue appeal relates to search and seizure proceedings conducted under Section 132 of the Income Tax Act, 1961 ('the Act') in the case of Alankit Group on 18.10.2019. The ld AR submitted that pursuant to the search, a notice dated 02.09.2021 under Section 153A of the Act was issued to the assessee for AY 2010-11 which later on culminated into the ass....

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....gh Court of Delhi in favor of Assessee' in the case of Ojjus Medicare Pvt. Limited and (F)] 2024:DHC:2629-DB and Kanhaiya Lal Bothra V. Union of India. W.P.(C) 13968/20196. 9. In the facts of the present case where the search was conducted on 18.10.2019, the relevant assessment year in accordance with Explanation 1 of section 153A, would become AY 2020-21. The computation of ten Assessment years for initiating proceedings u/s 153A of the Act would be AY 2020-21; Α.Υ. 2019-20; Α.Υ. 2018-19; Α.Υ. 2017- 18; Α.Υ. 2016-17; Α.Υ. 2015-16; Α.Υ. 2014-15; Α.Υ. 2013-14; Α.Υ. 2012- 13; and Α.Υ. 2011-12. Accordingly, the i....

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....vant to the year of search. In our considered opinion, the petitioners have correctly identified the aforesaid distinction as being crucial and determinative for the purposes of reckoning the six and the ten AY block period. ******* 89. That takes us then to the issue of identifying the "relevant assessment year" for the purposes of computing the ten year block. Explanation 1 to section 153A specifies the manner in which the entire ten AY period is to be computed. While the computation of six AYs' follows the position as enunciated and identified above, Explanation 1 prescribes that the ten AYs' would have to be computed from the end of the AY relevant to the FY in which the search was conducted or requisition made....