Assessment Quashed for Wrong Section – ITAT Holds AY Falling Within U/s 153C Block Cannot Be Assessed U/s 143(3)

ACIT Vs Kishore Kumar Kaya (ITAT Delhi) The Delhi ITAT dismissed the Revenue’s appeal and upheld the CIT(A)’s order holding that assessment for AY 2021-22 ought to have been framed u/s 153C and not u/s 143(3), since the year fell within the six-year block period reckoned from the date of recording satisfaction note. The Tribunal noted that in the case of a non-searched person, the relevant date for computing the six assessment years under section 153C is not the date of search, but the date on which seized material is handed over or satisfaction is recorded by the Assessing Officer having ...