Ashoka Bitucon International Pvt. Ltd., Nashik V. Assistant Commissioner of Income-tax,

ITA 522/PUN/2015

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 1180 (ITAT-PUNE)
• Duration Of Justice: 3 year(s) 4 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-09-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 06-09-2018
• Assessment Year: 2005-2006
• Appeal Filed On: 23-04-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ABHISHEK MESHR AM
• Keywords: Search and seizure; Document seized; Validity of assessment; Documents seized
• Section: 143(3); 153A; 132; 139

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH A , PUNE , , . , BEFORE MS. SUSHMA CHOWLA, JM AND SHRI D. KARUNAKARA RAO , AM . / ITA NO. 522 /P U N/20 1 5 / ASSESSMENT YEAR : 20 05 - 06 ASHOKA BITUCON INTERNATIONAL PVT. LTD., S.NO.861, ASHOKA HOUSE, ASHOKA MARG, WADALA, NASHIK 422011 . / APPELLANT PAN: AA CCA3469A VS. THE ASST . COMMISSIONE R OF INCOME TAX, CENTRAL CIRCLE 1 , NASHIK . / RESPONDENT / APPELLANT BY : SHRI PRAMOD SHINGTE / RESPONDENT BY : SHRI ABHISHEK MESHRAM / DATE OF HEARING : 06 . 0 9 . 201 8 / DATE OF PRONOUNCEMENT: 10 . 0 9 . 201 8 / ORDER PER SUSHMA CHOWLA, JM: T HE APPEAL FILED BY THE ASSESSEE IS AGAINST THE ORDER OF CIT(A) - 1 2 , PUNE, DATED 02 .0 3 .2015 RELATING TO ASSESSMENT YEAR 20 05 - 06 AGAINST ORDER PASSED UNDER SECTION 143(3) R.W.S. 153C OF THE INCOME - TAX ACT , 1961 (IN SHORT THE ACT) . 2 . THE FIRST ISSUE ARISING IN THE PRESENT APPEAL VIDE ADDITIONAL GROUND OF APPEAL IS AGAINST VALIDITY OF ASSESSMENT FRAMED UNDER SECTION 153C R.W.S. 143(3) OF THE ACT. WE PROCEED TO TA KE UP THE ADDITIONAL GROUND OF APPEAL RAISED IN THE PRESENT 2 ITA NO. 522 /P U N/201 5 ASHOKA BITUCON INTERNATIONAL PVT. LTD. APPEAL BEFORE ADDRESSING ALL THE OTHER ISSUES RAISED IN THE ORIGINAL GROUNDS OF APPEAL. THE ADDITIONAL GROUND OF APPEAL READS AS UNDER: - A) THAT ORDER PASSED BY CIT(A) AND AO ARE BAD IN LAW FOR THE REASON THAT PERIOD UNDER CONSIDERATION TAKEN U/S 153C IS BARRED BY LIMITATION / TIME BARRED. 3. BRIEFLY, IN THE FACTS OF THE CASE, SEARCH AND SEIZURE ACTION UNDER SECTION 132 OF THE ACT WAS CONDUCTED IN THE ASHOKA GROUP OF CASES ON 20.04.2010. THE A SSESSEE HAD ORIGINALLY FILED THE RETURN OF INCOME UNDER SECTION 139 OF THE ACT ON 30.01.2006 DECLARING TOTAL INCOME OF 38,144/ - . THE ASSESSING OFFICER ISSUED NOTICE UNDER SECTION 153C OF THE ACT ON 11.07.2012. THE ASSESSEE SOUGHT COPIES OF SEIZED DOCUMENTS, STATEMENT RECORDED AND ALSO THE SATISFACTION NOTE BEFORE THE ISSUE OF NOTICE UNDER SECTION 153C OF THE ACT. THE ASSESSEE FILED OBJECTIONS IN RESPECT OF PROCEEDINGS INITIATED UNDER SECTION 153C OF THE ACT. THE ASSESSING OFFICER PASSED ASSESSMENT ORDER UNDER SECTION 143(3) R.W.S. 153C OF THE ACT, DATED 22.03.2013. 4. THE OBJECTIONS AGAINST ASSESSMENT COMPLETED BY ISSUE OF NOTICE UNDER SECTION 143(3) R.W.S. 153C OF THE ACT HAVE BEEN REJECTED BY THE CIT(A) ON SEVERAL ISSUES. 5. THE ASSESSEE IS IN APPEAL AGAINST THE ORDER OF CIT(A) AND HAS RAISED VARIOUS GROUNDS OF APPEAL. HOWEVER, DURING THE COURSE OF HEARING, THE ASSESSEE HAS RAISED AN ADDITIONAL GROUND OF APPEAL WHICH IS JURISDICTIONAL ISSUE RAISED BY THE ASSESSEE, HENCE THE SAID ADDITIONAL GROUND OF APPEAL IS ADMITTED AND WE PROCEED TO DECIDE THE SAME. 6. THE LEARNED AUTHORIZED REPRESENTATIVE FOR THE ASSESSEE BE FORE US POINTED OUT THAT SEARCH ACTION IN THE ASHOKA GROUP OF CASES TOOK PLACE ON 20.04.2010 AND THE SATISFACTION NOTE WAS RECORDED ON 11.07.2012, COPY OF WHICH IS PLACED AT PAGE 31 OF PAPER BOOK. FURTHER, NOTICE UNDER SECTION 153C OF THE ACT WAS ALSO ISS UED 3 ITA NO. 522 /P U N/201 5 ASHOKA BITUCON INTERNATIONAL PVT. LTD. ON 11.07.2012. DRAWING OUR ATTENTION TO THE PROVISIONS OF SECTION 153C OF THE ACT, THE LEARNED AUTHORIZED REPRESENTATIVE FOR THE ASSESSEE POINTED OUT THAT THE YEAR OF SEARCH FOR THE PROCEEDINGS UNDER THE PRE - AMENDED PROVISIONS OF SECTION 153C OF THE A CT WOULD THUS, BE ASSESSMENT YEAR 2013 - 14. HENCE, THE ASSESSMENT FOR THE PRECEDING SIX YEARS I.E. ASSESSMENT YEARS 2007 - 08 TO 2012 - 13 COULD BE REOPENED. HOWEVER, THE CAPTIONED APPEAL RELATES TO ASSESSMENT YEAR 2005 - 06 , WHICH IS BEYOND THE PERIOD OF SIX Y EARS AND THE SAME CANNOT BE REOPENED . HE PLACED RELIANCE ON THE RECENT DECISION OF THE PUNE BENCH OF TRIBUNAL IN KEWAL KUMAR JAIN VS. ACIT IN ITA NOS.1381 TO 1383/PUN/2016, RELATING TO ASSESSMENT YEARS 1999 - 2000 TO 2001 - 02, ORDER DATED 30.08.2018. 7. THE LEARNED DEPARTMENTAL REPRESENTATIVE FOR THE REVENUE PLACED RELIANCE ON THE ORDERS OF AUTHORITIES BELOW. 8. WE HAVE HEARD THE RIVAL CONTENTIONS AND PERUSED THE RECORD. THE ISSUE WHICH IS RAISED IN THE PRESENT APPEAL IS IN RELATION TO INITIATION OF PROCEE DINGS UNDER SECTION 153C OF THE ACT FOR THE CAPTIONED ASSESSMENT YEAR. IN THE FACTS OF THE CASE, SEARCH O N THE ASHOKA GROUP OF CASES WAS CONDUCTED ON 20.04.2010. THE PROCEEDINGS UNDER SECTION 153C OF THE ACT WERE INITIATED AGAINST THE ASSESSEE BY RECO RDI NG SATISFACTION ON 11.07.2012 AND ISSUE OF NOTICE UNDER SECTION 153C OF THE ACT WAS ON 11.07.2012 I.E. ASSESSMENT YEAR 2013 - 14. IN CASE, THE PERIOD OF PRECEDING SIX YEARS IS CALCULATED, THEN SAME FALLS WITHIN ASSESSMENT YEARS 2007 - 08 TO 2012 - 13. THE ASSE SSMENT UNDER SECTION 153C OF THE ACT HAS BEEN INITIATED AGAINST THE ASSESSEE FOR ASSESSMENT YEAR 2005 - 06 ALSO, WHICH ADMITTEDLY IS BEYOND THE PERIOD OF SIX YEARS. 9. WE HAVE ALREADY DECIDED SIMILAR ISSUE OF YEAR FALLING WITHIN PERIOD OF SIX YEARS PURSUANT TO INITIATION OF 153C PROCEEDINGS IN KEWAL KUMAR JAIN VS. ACIT (SUPRA). THE TRIBUNAL AFTER APPLYING THE RATIO LAID DOWN BY THE HONBLE HIGH COURT 4 ITA NO. 522 /P U N/201 5 ASHOKA BITUCON INTERNATIONAL PVT. LTD. OF DELHI IN PR. CIT VS. SARWAR AGENCY (P.) LTD. (2017) 397 ITR 400 (DEL), HELD AS UNDER: - 9. WE HAVE HEARD THE RIVAL CONTENTIONS AND PERUSED THE RECORD. BRIEFLY, IN THE FACTS OF THE CASE, SEARCH UNDER SECTION 132 OF THE ACT WAS CARRIED OUT AT THE PREMISES OF SHRI SHREERAM H. SONI ON 29.07.2003, WHEREIN CERTAIN DOCUMENTS RELATING TO THE ASSESSEE WERE FOUND AND SEIZED. THE SAID INFORMATION WAS RECEIVED BY THE ASSESSING OFFICER, INCHARGE OF ASSESSEE ON 15.06.2007, WHICH IS CLEARLY MENTIONED IN THE ASSESSMENT ORDER AT PAGE 5 OF THE SAID ORDER. IN OTHER WORDS, INFORMATION WAS RECEIVED IN ASSESSMENT YEAR 2008 - 09. UNDER THE PRE - AMENDED PROVISIONS OF SECTION 153C OF THE ACT, IT IS PROVIDED THAT WHERE THE ASSESSING OFFICER IS SATISFIED THAT ANY MONEY, BULLION, JEWELLERY OR OTHER VALUABLE ARTICLE OR THING OR BOOKS OF ACCOUNT OR DOCUMENTS SEIZED OR REQUISITIONED, BELONG S TO A PERSON OTHER THAN THE PERSON REFERRED IN SECTION 153A OF THE ACT I.E. THE PERSON SEARCHED, THEN BOOKS OF ACCOUNT OR DOCUMENTS OR ASSETS SEIZED OR REQUISITIONED SHALL BE HANDED OVER TO THE ASSESSING OFFICER HAVING JURISDICTION OVER SUCH OTHER PERSON. THE PROVISO THEREUNDER READS AS UNDER: - 153C(1).. PROVIDED THAT IN CASE OF SUCH OTHER PERSON, THE REFERENCE TO THE DATE OF INITIATION OF THE SEARCH UNDER SECTION 132 OR MAKING OF REQUISITION UNDER SECTION 132A IN THE SECOND PROVISO TO SUB - SECTION (1 ) OF SECTION 153A SHALL BE CONSTRUED AS REFERENCE TO THE DATE OF RECEIVING THE BOOKS OF ACCOUNT OR DOCUMENTS OR ASSETS SEIZED OR REQUISITIONED BY THE ASSESSING OFFICER HAVING JURISDICTION OVER SUCH OTHER PERSON 10. IN VIEW OF PROVISO TO SECTION 153C OF T HE ACT, IN THE CASE OF SUCH OTHER PERSON, REFERENCE TO THE DATE OF INITIATION OF SEARCH UNDER SECTION 132 OF THE ACT SHALL BE CONSTRUED AS REFERENCE TO THE DATE OF RECEIVING BOOKS OF ACCOUNT OR DOCUMENTS OR ASSETS SEIZED OR REQUISITIONED BY THE ASSESSING OFFICER HAVING JURISDICTION OVER SUCH OTHER PERSON. FURTHER, UNDER SECTION 153A OF THE ACT, THE ASSESSING OFFICER IS EMPOWERED TO ASSESS OR RE - ASSESS THE TOTAL INCOME IN RESPECT OF EACH ASSESSMENT YEAR FALLING WITHIN SUCH SIX ASSESSMENT YEARS. IN OTHER WORDS, PERIOD OF ASSESSMENT OR RE - ASSESSMENT HAS TO BE WITHIN A PERIOD OF SIX YEARS FROM THE YEAR OF RECEIPT OF INFORMATION BY THE ASSESSING OFFICER, INCHARGE OF SUCH OTHER PERSON. IN THE CASE OF ASSESSEE, THE YEAR OF RECEIPT OF INFORMATION IS ASSESSMENT YEAR 2008 - 09 AND IN CASE THE PERIOD OF SIX YEARS IS COUNTED FROM THAT YEAR, THEN IT WOULD BE UP TO ASSESSMENT YEAR 2002 - 03; WHEREAS THE ASSESSEE IS IN APPEAL BEFORE US FOR THE ASSESSMENT COMPLETED RELATING TO ASSESSMENT YEARS 1999 - 2000 TO 2001 - 02. THE LEA RNED AUTHORIZED REPRESENTATIVE FOR THE ASSESSEE HAS PLACED HEAVY RELIANCE ON THE RATIO LAID DOWN BY THE HONBLE HIGH COURT OF DELHI IN PR. CIT VS. SARWAR AGENCY (P.) LTD. (2017) 397 ITR 400 (DEL). 11. WE FIND THAT THE HONBLE HIGH COURT OF DELHI HAS ADJ UDICATED THE SAID ISSUE IN DETAIL I.E. ASSESSMENT OR RE - ASSESSMENT OF OTHER PERSON UNDER SUB - SECTION (1) OF SECTION 153C OF THE ACT IN ACCORDANCE WITH THE PROVISIONS OF SECTION 153A OF THE ACT. THE HONBLE HIGH COURT REFERRED TO THE SAID PROVISIONS AND OBSERVED AS UNDER: - 4. SUB - SECTION (1) OF SECTION 153C PROVIDES THAT THE ASSESSMENT OR RE - ASSESSMENT OF THE INCOME OF THE 'OTHER PERSON' WOULD BE IN ACCORDANCE WITH THE PROVISIONS OF SECTION 153A. THE FIRST PROVISO TO SUB - SECTION (1) OF SECTION 153 C FU RTHER STATES THAT, IN CASE OF SUCH OTHER PERSON, THE REFERENCE TO THE DATE OF INITIATION OF SEARCH IN THE SECOND PROVISO TO SECTION 153 A(1) 'SHALL BE CONSTRUED AS REFERENCE TO THE DATE OF RECEIVING THE BOOKS OF ACCOUNTS OR DOCUMENTS OR ASSETS SEIZED OR RE QUISITIONED BY THE ASSESSING OFFICER HAVING JURISDICTION OVER SUCH OTHER PERSON.' 12. THEREAFTER, ELABORATING ON THE CASE OF ASSESSEE, IT WAS OBSERVED AS UNDER: - 5 ITA NO. 522 /P U N/201 5 ASHOKA BITUCON INTERNATIONAL PVT. LTD. 5. IN TERMS OF SECTION 153 A(1) (B) OF THE ACT, THE AO SHALL ASSESS OR RE - ASSESS THE TOTAL INCOME OF SIX AYS IMMEDIATELY PRECEDING THE AY RELEVANT TO THE PREVIOUS YEAR IN WHICH THE SEARCH WAS CONDUCTED. THE SECOND PROVISO TO SUB - SECTION (1) OF SECTION 153 A OF THE ACT, STATES THAT ASSESSMENT OR REASSESSMENT RELATING TO ANY AY FALLING WITHIN THE PERIOD OF SIX AYS REFERRED TO IN THE SAID SUB - SECTION PENDING ON THE DATE OF INITIATION OF THE SEARCH UNDER SECTION 132, WOULD ABATE. 6. THE CASE OF THE REVENUE IS THAT THE FIRST PROVISO TO SECTION 153 C REFERS ONLY TO THE SECOND PROVISO TO SECTION 153 A(1) OF THE ACT, WHICH ONLY INDICATES THAT ANY ASSESSMENT RELATING TO ANY AY FALLING WITHIN THE PERIOD OF SIX AYS WHICH IS PENDING AS OF THE INITIATION OF SEARCH SHALL ABATE. THEREFORE, THE SECOND PROVISO TO SECTION 153 C IS ALSO CONCERNED ONLY WITH THE AS PECT OF ABATEMENT OF PENDING ASSESSMENTS. ACCORDING TO THE REVENUE, THIS MAKES NO DIFFERENCE TO THE COMPUTATION OF THE BLOCK OF SIX YEARS PRECEDING THE AY RELEVANT TO THE PREVIOUS YEAR /IN WHICH THE SEARCH WAS CONDUCTED. IN OTHER WORDS, ACCORDING TO THE RE VENUE, THE BLOCK PERIOD FOR BOTH THE SEARCHED PERSON AND THE 'OTHER PERSON' WOULD REMAIN THE SAME NOTWITHSTANDING THAT THERE MAY BE SOME DELAY IN TRANSMITTING THE DOCUMENTS RECOVERED DURING THE SEARCH WHICH BELONG OR PERTAIN TO THE 'OTHER PERSON' TO THE AO OF SUCH OTHER PERSON. 7. THE CASE OF THE ASSESSEE, ON THE OTHER HAND, IS THAT SINCE IN THE CASE OF THE 'OTHER PERSON' THE AO ISSUES NOTICE ONLY SUBSEQUENT TO THE NOTICES ISSUED UNDER SECTION 153 A TO THE SEARCHED PERSON, THE STARTING POINT FOR COMPUTATI ON OF THE BLOCK PERIOD WOULD BE THE DATE ON WHICH, BASED ON THE SEIZED DOCUMENTS, NOTICE IS ISSUED TO THE 'OTHER PERSON' UNDER SECTION 153 C OF THE ACT. THUS IN THE PRESENT CASE, THE SIX YEAR PERIOD PRIOR TO AY 2012 - 13 I.E. AY 2007 - 08 TO AY 2012 - 13. THUS N O NOTICE COULD BE ISSUED UNDER SECTION 153 C OF THE ACT TO REOPEN THE ASSESSEE'S ASSESSMENT FOR AY 2006 - 07. RELIANCE IS PLACED ON THE DECISION OF THIS COURT IN COMMISSIONER OF INCOME - TAX - 7 V. RRJ SECURITIES LTD. [2016] 380 ITR 612 (DEL) WHERE THIS VERY QU ESTION WAS EXAMINED AND ANSWERED IN FAVOUR OF THE ASSESSEE AND AGAINST THE REVENUE. 8. IN RRJ SECURITIES (SUPRA), THE COURT AFTER NOTICING THE DECISION IN SSP AVIATION LTD. V. DEPUTY CIT [2012] 346 ITR 177 (DEL), HELD AS FOLLOWS: '21. AS DISCUSSED HEREI NBEFORE, ONCE THE AO OF THE SEARCHED PERSON IS SATISFIED THAT THE SEIZED ASSETS/DOCUMENTS BELONG TO ANOTHER PERSON AND THE SAID ASSETS/DOCUMENTS HAVE BEEN TRANSFERRED TO THE AO OF SUCH OTHER PERSON, THE PROCEEDINGS FOR ASSESSMENT/REASSESSMENT OF INCOME OF THE OTHER PERSON HAS TO PROCEED IN ACCORDANCE WITH PROVISIONS OF SECTION 153A OF THE ACT. SECTION 153A REQUIRES THAT WHERE A SEARCH HAS BEEN INITIATED UNDER SECTION 132 OF THE ACT, THE AO IS REQUIRED TO ISSUE NOTICE REQUIRING THE NOTICEE TO FURNISH RETURNS OF INCOME IN RESPECT OF SIX ASSESSMENT YEARS RELEVANT TO THE SIX PREVIOUS YEARS PRECEDING THE PREVIOUS YEAR IN WHICH THE SEARCH IS CONDUCTED. AS DISCUSSED HEREINBEFORE, BY VIRTUE OF SECOND PROVISO TO SECTION 153A, THE ASSESSMENT/REASSESSMENT PENDING ON TH E DATE OF INITIATION OF SEARCH ABATE. IN THE CONTEXT OF PROCEEDINGS UNDER SECTION 153C OF THE ACT, THE REFERENCE TO THE DATE OF INITIATION OF THE SEARCH IN THE SECOND PROVISO TO SECTION 153A HAS TO BE CONSTRUED AS THE DATE ON WHICH THE AO RECEIVES THE DOCU MENTS OR ASSETS FROM THE AO OF THE SEARCHED PERSON. THUS, BY VIRTUE OF SECOND PROVISO TO SECTION 153A OF THE ACT AS IT APPLIES TO PROCEEDINGS UNDER SECTION 153C OF THE ACT, THE ASSESSMENT/REASSESSMENT PENDING ON THE DATE ON WHICH THE ASSETS/DOCUMENTS ARE R ECEIVED BY THE AO WOULD ABATE. IN RESPECT OF SUCH ASSESSMENTS WHICH HAVE ABATED, THE AO WOULD HAVE THE JURISDICTION TO PROCEED AND MAKE AN ASSESSMENT. HOWEVER, IN 6 ITA NO. 522 /P U N/201 5 ASHOKA BITUCON INTERNATIONAL PVT. LTD. RESPECT OF CONCLUDED ASSESSMENTS, THE AO WOULD ASSUME JURISDICTION TO REASSESS PROVIDED THAT THE ASSETS/DOCUMENTS RECEIVED BY THE AO REPRESENT OR INDICATE ANY UNDISCLOSED INCOME OR POSSIBILITY OF ANY INCOME THAT MAY HAVE REMAINED UNDISCLOSED IN THE RELEVANT ASSESSMENT YEARS..... 24. AS DISCUSSED HEREINBEFORE, IN TERMS OF PROVISO TO SECTION 153C O F THE ACT, A REFERENCE TO THE DATE OF THE SEARCH UNDER THE SECOND PROVISO TO SECTION 153A OF THE ACT HAS TO BE CONSTRUED AS THE DATE OF HANDING OVER OF ASSETS/DOCUMENTS BELONGING TO THE ASSESSEE (BEING THE PERSON OTHER THAN THE ONE SEARCHED) TO THE AO HAVI NG JURISDICTION TO ASSESS THE SAID ASSESSEE. FURTHER PROCEEDINGS, BY VIRTUE OF SECTION 153C(1) OF THE ACT, WOULD HAVE TO BE IN ACCORDANCE WITH SECTION 153A OF THE ACT AND THE REFERENCE TO THE DATE OF SEARCH WOULD HAVE TO BE CONSTRUED AS THE REFERENCE TO TH E DATE OF RECORDING OF SATISFACTION. IT WOULD FOLLOW THAT THE SIX ASSESSMENT YEARS FOR WHICH ASSESSMENTS/REASSESSMENTS COULD BE MADE UNDER SECTION 153C OF THE ACT WOULD ALSO HAVE TO BE CONSTRUED WITH REFERENCE TO THE DATE OF HANDING OVER OF ASSETS/DOCUMENT S TO THE AO OF THE ASSESSEE.' 9. THE SAID DECISION IN RRJ SECURITIES (SUPRA) HAS BEEN FOLLOWED BY THIS COURT SUBSEQUENTLY IN ARN INFRASTRUCTURE INDIA LTD. V. ASSISTANT COMMISSIONER OF INCOME - TAX, CENTRAL CIRCULE - 28, NEW DELHI [2017] 394 ITR 569 (DEL.). 13. THE HONBLE HIGH COURT ALSO CONSIDERED THE AMENDMENT TO SECTION 153C OF THE ACT BY FINANCE ACT, 2017 AND HELD THAT THE SAID AMENDMENT IN EFFECT STATED THAT BLOCK PERIOD FOR SEARCHED PERSON AS WELL AS OTHER PERSON WOULD BE THE SAME SIX YEARS IMMEDIATELY PRECEDING YEAR OF SEARCH. IT WAS FURTHER HELD BY THE HONBLE HIGH COURT THAT THE SAID AMENDMENT WAS PROSPECTIVE. THE HONBLE HIGH COURT ALSO NOTED THE FACT THAT THE REVENUE HAD NOT CHALLENGED THE DECISION OF THE HONBLE HIGH COURT OF DELHI IN CIT VS. RR J SECURITIES LTD. (2015) 62 TAXMANN.COM 391 (DEL) BEFORE THE HON'BLE SUPREME COURT AND ALSO NOTED THAT RECENT AMENDMENT TO SECTION 153C(1) OF THE ACT STATED FOR THE FIRST TIME FOR BOTH THE SEARCHED PERSON AND OTHER PERSON, THE PERIOD OF RE - ASSESSMENT WOULD BE SIX YEARS PRECEDING THE YEAR OF SEARCH. IT WAS REITERATED THAT THE SAID AMENDMENT WAS PROSPECTIVE AND THE APPEAL OF REVENUE IN THAT CASE WAS DISMISSED. 14. THE ISSUE ARISING IN THE PRESENT APPEAL BEFORE US IS SQUARELY COVERED BY THE RATIO LAID DOWN BY THE HONBLE HIGH COURT OF DELHI (SUPRA) AND FOLLOWING THE SAME PARITY OF REASONING, WE HOLD THAT ASSESSMENT PROCEEDINGS INITIATED FOR ASSESSMENT YEARS 1999 - 2000 TO 2001 - 02 ARE BEYOND THE PERIOD OF AVAILABLE UNDER THE PROVISO TO SECTION 153C READ WITH PR OVISO TO SECTION 153A OF THE ACT AND HENCE, THE ASSESSING OFFICER HAD NO JURISDICTION TO TAKE UP PROCEEDINGS FOR THE CAPTIONED ASSESSMENT YEARS. WE HOLD THAT INITIATION AND COMPLETION OF PROCEEDINGS AGAINST THE ASSESSEE, WHO IS OTHER PERSON THAN SEARCHE D PERSON, IS BOTH INVALID AND BAD IN LAW. THE JURISDICTIONAL ISSUE RAISED BY THE ASSESSEE BY WAY OF GROUND OF APPEAL NO.4 IS THUS, ALLOWED. WE ARE NOT ADDRESSING THE ISSUE ON MERITS AS ASSESSMENT HAS BEEN HELD TO BE INVALID. 10. THE ISSUE WHICH IS ARISI NG IN THE PRESENT APPEAL IS SQUARELY COVERED BY THE RATIO LAID DOWN BY THE HONBLE HIGH COURT OF DELHI IN PR. CIT VS. SARWAR AGENCY (P.) LTD. (SUPRA) AND ALSO BY THE PUNE BENCH OF TRIBUNAL IN KEWAL KUMAR JAIN VS. AC IT (SUPRA). WE HOLD THAT THE ASSESSMENT PROCEEDINGS INITIATED FOR THE INSTANT ASSESSMENT YEAR ARE BEYOND THE PERIOD AVAILABLE UNDER THE PROVISO TO SECTION 153C 7 ITA NO. 522 /P U N/201 5 ASHOKA BITUCON INTERNATIONAL PVT. LTD. OF THE ACT READ WITH PROVISO TO SECTION 153A OF THE ACT. THE ASSESSING OFFICER THUS, HAD NO JURISDICTION TO TAKE UP THE PROCEEDINGS FOR THE CAPTIONED ASSESSMENT YEAR. HENCE, WE HOLD BOTH INITIATION AND COMPLETION OF PROCEEDINGS AGAINST THE ASSESSEE, WHO IS THE OTHER PERSON THA N SEARCHED PERSON, ARE BOTH INVALID AND BAD IN LAW. THE JURISDICTIONAL ISSUE RAI SED BY THE ASSESSEE BY WAY OF ADDITIONAL GROUND OF APPEAL IS THUS, ALLOWED. WE ARE NOT ADDRESSING THE ISSUE ON MERITS AS ASSESSMENT HAS BEEN HELD TO BE INVALID. 1 1 . IN THE RESULT, APPEAL OF ASSESSEE IS ALLOWED. ORDER PRONOUNCED ON THIS 10 TH DAY OF SEPTEMB ER , 201 8 . SD/ - SD/ - ( D.KARUNAKARA RAO ) (SUSHMA CHOWLA ) / ACCOUNTANT MEMBER / JUDICIAL MEMBER / PUNE ; DATED : 10 TH SEPTEMBER , 201 8 . GCVSR / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPELLANT ; 2. / THE RESPONDENT; 3. ( ) / THE CIT(A) - 1 2 , PUNE ; 4. THE CIT ( CENTRAL ) , NAGPUR ; 5. 6. , , / DR A , ITAT, PUNE ; / GUARD FILE . / BY ORDER , //TRUE COPY// / SR. PRIVATE SECRETARY , / ITAT, PUNE