TaxTMI 
TaxTMI 
2026 (1) TMI 975
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....t for the figures :- 1. That in view of handing over of seized material/ recording of satisfaction by the A.O. of assessee in A.Y.24-25, hence the impugned A.Y.15-16 since beyond the period of 06 Yrs immediate preceding the asstt. Year relevant to search year (i.e. immediate preceding 9th Yr), hence barred by limitation and without jurisdiction. 2. That without prejudice, even in case of assuming A.Y.15-16 as the "relevant assessment year/s" within the definition of Expln-1 below 4th Proviso to Sec.153A, then also, since the alleged escaped income, in total, of all 03 Yrs covered in the definition of "relevant assessment year/s" being A.Y. 2015-16 is barred by limitation from this angle also." 3. The assessee has also f....
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....al Thermal Power Company Ltd.Vs. CIT reported in 229 ITR 383 and CIT Vs. Sinhgad Technical Education Society reported in 397 ITR 344 (SC). 5. On hearing both the parties we admit the additional grounds filed by the assessee following the decision in the case of National Thermal Power Company Ltd. Vs. CIT (229 ITR 383) since the grounds raised by the assessee are purely legal grounds. 6. Coming to merits of these grounds the Ld. Counsel for the assessee submitted that the proceedings u/s. 153C in the case of the assessee were initiated on the basis of search on third party on 15.01.2021 relevant to the A.Y. 2021-22. The Ld. Counsel for the assessee referring to page 3 to 5 of the paper book submitted that a satisfaction note u/s. 153C ....
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....RTI requiring to provide date of handing over of seized materials by the AO of the searched person to the AO of the assessee alongwith evidences. The Ld. Counsel submitted that there was no reply furnished by the Public Information Officer in response to the RTI application to this query. 8. On the other hand the Ld. DR placed reliance on the orders of the authorities below. 9. Heard rival submissions, perused the orders of the authorities below and materials placed before us. Perusal of the satisfaction note recorded by the AO of the searched person and also the satisfaction note recorded by the AO of the assessee, we noticed that both of the satisfaction notes are undated. It is also not known from the record when the AO of the sear....
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....st Proviso to section 153C." 11. As could be seen from the above the Hon'ble Jurisdictional High Court held that in the case of non availability of satisfaction note the date of issuance of notice u/s. 153C would be pertinent for the purpose of first proviso to section 153C of the Act. In the case on hand we observe that though satisfaction notes were recorded by the AO of the searched person as well as the AO of the assessee who is non searched person, both the satisfaction notes are undated. In the circumstances the date of notice u/s. 153C shall have to be considered for the purpose of computing the block of six years for completion of assessment u/s. 153C of the Act and in which case of the assessee for the A.Y. 2015-16 the notice u/....