TaxTMI 
TaxTMI 
2025 (2) TMI 1445
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....n when this Proviso specifically deals only with the abatement of proceedings (as referred to second proviso of Section 153A) and does not deal with the calculation of block periods? 2. Whether on the facts and circumstances of the case and in law, the Ld. CIT(A) was justified in quashing the assessment order u/s 153C on the grounds that the amended provision w.e.f. 01.04.2017 are not relevant in this case when the satisfaction was recorded on 20.09.2018 and by the time the amendment to the Section 153C was already into effect (01.04.2017), which clarified that the relevant assessment years have to be calculated according to the date of search. 3. Whether on the facts and circumstances of the case and in law, the Ld. CIT(A) was justified in holding that block periods for assessment u/s 153C of the Income-tax Act, 1961, have to be calculated from the date of receipt of the books of accounts, documents or assets seized, by the jurisdictional AO of the non-searched person, even when the position of law is clarified after the amendment introduced by Finance Act, 2017, that the block period of 6AYs and 10AYs as mentioned in Section 153C and Section 153A have same meani....
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....(A) and submitted that he has passed a well reasoned order, which do not require any interference and needs to be upheld. 5. We have heard the rival submissions made by the respective parties We further perused the records, materials placed before. We note that Ld. First Appellate Authority has allowed the appeal by observing as under:- "I have considered the material on record including written submission of the AR of the appellant filed in course of appellate proceedings. I have also perused the assessment order u/s 153C r.w.s. 143(3) of the Act passed by the Assessing Officer In the present appeal the appellant has raised following grounds of appeal and additional ground of appeal. 4.1.1 In Additional Ground of appeal, the appellant has contended that the Assessing Officer has erred in law' in issuing notice u/s 153C of the Act for the year under consideration as it is beyond the block of six years, hence, making such issuance beyond jurisdiction. 4.1.2 The brief facts of the case are that search and seizure operation u/s 132 of the IT Act, was carried out on Ashish Begwani Group on 22.10.2016. During the course of search various documents relat....
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....eady 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 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 document to the Assessing Officer having jurisdiction over the other person. Thereafter, the Assessing Officer having jurisdiction over the other person has to proceed against him and issue notice to that person in order to assess or reassess the income of such other person in the, manner contemplated by the provisions of Section 153A. Now a question may arise as to th....
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....ssessee's prejudice is writ large as it would have to virtually preserve the records for at latest 10 years which is not the requirement in law. Such disastrous and harsh consequences cannot be attributed to Parliament. On the other hand, a plain reading of Section 153C supports the interpretation which this Court adopts. 11. For the foregoing reasons, the Court finds no merit 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 Section 153A of the Act and the reference to the date of search would have to be construed as the reference to the date of recording of satisfaction. It would follow that ....