2025 (3) TMI 2204

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....8.12.2018 passed u/s 143(3) of the Income Tax Act, 1961 (hereinafter referred to as 'the Act') by the ACIT, Central Circle-13, New Delhi (hereinafter referred to as the Ld. AO). 2. Heard and perused the record. Apart from grounds on merits, the assessee has raised following ground which goes on the alleged wrongful assumption of jurisdiction; "1. Under the facts and circumstances of the case, the orders passed by the Ld. A.O dated 28.12.2018 u/s 143(3) of the Act is not tenable as the order should have been passed u/s 153C of the Act. 3. On hearing both the sides we find that the Ld. A.O made an addition amounting to Rs. 34,15,943/- on account of commission @ 1% on bank entries and 2% on Share capital, Loans and Investments. ....

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....he assessee. 4. In regard to the present AY, ld. AR has submitted that the Ld. A.O has grossly erred in passing the order u/s 143(3) of the Act whereas the same should have been passed u/s 153C of the Act. 5. We find that this issue of the date of search for persons covered under section 153C is no longer res-integra as now well settled by the Hon'ble Supreme Court in the case of CIT Vs. Jasjit Singh 458 ITR 437(SC), as under: "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 reckoned, in respect of which the returns were to be filed by ....

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....e of receipt of the books of accounts, documents or assets seized by the jurisdictional AO of the non-searched person. The shift of the relevant date in the case of a non-searched person being regulated by the First Proviso of Section 153C(1) is an issue which is no longer res integra and stands authoritatively settled by virtue of the decisions of this Court in SSP Aviation Ltd v. Dy.CIT (2012) 346 ITR 177 ( Delhi)( HC) and CIT v. RRJ Securities Ltd 2015 SCC Online Del 13085 as well as the decision of the Supreme Court in CIT v Jasjit Singh 2023 SCC Online SC1265. The aforesaid legal position also stood reiterated by the Supreme Court in ITO v. Vikram Sujitkumar Bhatia 2023 SCC Online SC" 370. The submission of the revenue, theref....