Dy. Commissioner Vs Abhi Capital Services Limited (ITAT Delhi)
Section 153C Assessments Time-Barred Beyond Block Period: ITAT Quashes AY 2011-12 & 2012-13 as Without Jurisdiction
The Delhi ITAT dismissed the Revenue’s appeals and quashed the assessments framed under Section 153C for AYs 2011-12 and 2012-13, holding them to be beyond the permissible block period and hence without jurisdiction. The Tribunal noted that the satisfaction note in the case of the assessee (a non-searched person) was recorded on 24.06.2022. Applying the law laid down by the Supreme Court in CIT v. Jasjit Singh and reiterated by the Delhi High Court in Ojjus Medicare Pvt. Ltd., it held that the deemed date of search for the assessee would be FY 2022-23 relevant to AY 2023-24.
Consequently, the permissible block of ten assessment years could extend only up to AY 2014-15, and assessments for AYs 2011-12 and 2012-13 fell clearly outside this block. Since jurisdiction itself was lacking, the Tribunal quashed both assessments without examining the merits. Accordingly, the Revenue’s appeals were dismissed in entirety
FULL TEXT OF THE ORDER OF ITAT DELHI
The above captioned two separate appeals by the Revenue are preferred against 2 separate orders of the ld. CIT(A)-25, New Delhi dated 27.01.2025 pertaining to A.Ys 2011-12 and 2012-13 respectively.
