AI Structured Summary
Not yet generated for this judgment
Judgment
PER S. RIFAUR RAHMAN, AM :
This appeal is filed by the Revenue against the order of Learned Commissioner of Income-tax (Appeals)/National Faceless Appeal Centre (NFAC), Delhi [“Ld. CIT(A)”, for short] dated 25.07.2025 for the Assessment Year 2017-18. raising following grounds of appeal :-
At the outset, it is brought to our notice that search action was initiated on Alankrit Group and other persons on 18.10.2019 and proceedings under section 153C of the Income-tax Act, 1961 (for short ‘the Act’) were initiated in the case of the assessee in the year under consideration. It is fact on record that satisfaction note was recorded by the AO of the searched person on 12.05.2022 and ld. CIT (A) considering the facts available on record observed that the block of 10 assessment years would be reckoned from the date of handing over of searched material or date of recording of satisfaction by the AO of the searched person. By relying on the decision of Hon’ble Delhi High Court in the case of Ojjus Medicare Pvt. Ltd. (2024) 161 taxmann.com 160, ld. CIT (A) held that the assessment under consideration is outside the purview of the provisions of section 153C of the Act. Accordingly, he held that following the judicial precedents as discussed by him in his order, the action of the AO in initiating the proceedings u/s 153C of the Act for the AY under consideration is annulled.
Aggrieved with the above order, Revenue is in appeal before us.
Considered the submissions of both the parties and material placed on record. We observed that the issue under consideration is whether the year of search should be reckoned from the date of handing over of the searched material by the AO of the searched person or from the date of original search to initiate the proceedings u/s 153C of the Act. We observed that this issue under consideration is squarely covered by the decision of Hon’ble Delhi High Court and Hon’ble Supreme Court in the cases of Ojjus Medicare Pvt. Ltd.(supra) and Jasjit Singh (2023) 155 taxmann.com 155 (SC), respectfully following the above decisions, we are inclined not to disturb the findings of the ld. CIT (A).
In the result, the appeal filed by the Revenue is dismissed.