CIT-14 Vs Shree Jasjit Singh (Delhi High Court)
Section 143(1) Assessment Challenge Upheld as No Interference Warranted Under Section 153C: Delhi HC
The Revenue filed an appeal under Section 260A of the Income Tax Act, 1961 against the Income Tax Appellate Tribunal’s order dated 05.11.2014 in ITA No. 1436/Del/2012 for Assessment Year (AY) 2009-10.
A search and seizure operation was conducted in the case of M/s Koutons Group on 19.02.2009, during which certain documents allegedly belonging to the respondent assessee were found. Consequently, the assessee’s assessment was centralised to the ACIT, Central Circle XI on 16.06.2009, and jurisdiction was transferred from Ward 25(3) to ACIT, Central Circle XI. The Assessing Officer completed the assessment for AY 2009-10 under Section 143(3), treating AY 2009-10 as the year of search, and reopened the assessments for AYs 2003-04 to 2008-09.
Before the ITAT, the issue concerned the first proviso to Section 153C(1). The ITAT relied on the Delhi High Court’s judgment in SSP Aviation Ltd. v. Deputy Commissioner of Income Tax (2012) 252 CTR (Del) 291, which held that, in the case of a person other than the searched person, the relevant date is the date on which the Assessing Officer having jurisdiction over such other person receives the seized books of account, documents or assets. The question of pendency and abatement of assessment or reassessment proceedings for the six assessment years is to be examined with reference to that date.
