Case Law Details
ACIT Vs Mapsa Tapes (P) Ltd. (ITAT Delhi)
The issue under consideration is whether Assessment year in respect of proceedings u/s 153C of the Act to be same 6 years in the case of other person, for which the proceedings u/s 153A is initiated in the case of connected searched person?
ITAT states that, it is not in dispute that search was conducted on 20.01.2014 in the cases of M/s Mapsa Logistics Pvt. Ltd. & Ors. and satisfaction u/s 153C was recorded on 23.02.2016 that the documents pertaining to assessee have been seized during the course of search. The AO, accordingly, issued notice u/s 153C on 23.02.2016. The issue is, therefore, covered by judgment of Hon’ble Delhi High Court in the case of RRJ Securities Ltd. (supra) as is considered by the Ld. CIT(A) in the impugned order. The six assessment years for which assessments/reassessments could be made u/s 153C of the Act would also have to be construed with reference to the date of handing over of the assets/documents to the AO of the assessee i.e. 23.02.2016. Therefore, the relevant assessment years for initiating proceedings u/s 153C would be assessment years 2010-11 to 2015-16. Therefore, the assessment years under appeal i.e. 2008-09 8: 2009-10 would be beyond the period of six years.
FULL TEXT OF THE ITAT JUDGEMENT
1. Both the appeals by Revenue are directed against the order of Ld.CIT(Appeals)-28, New Delhi dated 15.12.2016 for AYs 2008-09 and 2009-10 on the following grounds:
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