Case Law Details
ACIT Vs Enpro Telecom Pvt Ltd (ITAT Delhi)
ITAT Delhi held that in absence of mentioning the date of handing over of material, date of satisfaction note shall be considered for the purpose of assumption of jurisdiction u/s 153C of the Act and completion of assessment thereafter.
Facts- Assessee for the AY 2008-09 challenged the very jurisdiction of the Assessing Officer in passing the assessment order as bad in law. In other words, the assumption of jurisdiction by the Assessing Officer to complete the assessment was challenged. Assessee contended that initiation of proceedings u/s 153C for AY 2008-09 on 02.02.2016 on which date AO had recorded his satisfaction for taking up the case of the assessee u/s 153C of the Act and issuing notice u/s 153C for making an assessment was bad in law.
Further, assessee for AY 2013-14 also contested that in the absence of any seized incriminating documents/materials the addition cannot be made in the assessment completed u/s 153C r.w.s. 153A of the Act.
Conclusion- Held that in the absence of mentioning the date of handing over of the materials, the date of satisfaction note shall be reckoned as the date of handing over of the materials and consequently the time limit of calculating the six years has to be calculated from this date i.e. 02.02.2016. In this scenario the assessment year 2008-09 is beyond the period of six assessment years and, therefore, hold that the assessment made for the AY 2008-09 is barred by limitation. Thus, the assessment made u/s 153C r.w.s. 153A is time barred.
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