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Income Tax Appellate Tribunal, COCHIN BENCH, COCHIN
Before: Shri Satbeer Singh Godara & Shri Amarjit Singh
Appellant by : Sri.Abraham Joseph Markos, Advocate Respondent by : Dr.S Pandian, CIT-DR Date of Pronouncement : 05.11.2024 Date of Hearing : 16.08.2024 O R D E R Per Bench : These assessee’s four appeals to 807/Coch/ 2023 for the assessment years 2012-2013, 2013-2014, 2014- 2015 & 2017-2018 arise against various orders of the CIT (Appeal), all dated 23.03.2023, in proceedings u/s. 144 r.w.s. 153C of the Income-tax Act, 1961; in short “the Act” hereinafter, respectively.
Heard both the parties. Case files perused.
-807/Coch/2023. Sri.Jijo George.
We note at the outset that all the impugned assessments before us are pertain to “unabated” assessment years, inter alia, in light of the fact(s) that the relevant search herein is dated 14.03.2018, followed by the jurisdictional Assessing Officer’s satisfaction dated 04.02.2021, culminating in the impugned addition(s) made in the taxpayer’s hands, not based on any seized material as per CIT vs. Abhisar Buildwell P. Ltd., [2023] 454 ITR 212 (SC). We wish to make it clear that the relevant date of search in a third person’s case has to be u/sec.153C(1) 1st proviso which proves that we are in “unabated” assessment year(s) only going by the Assessing Officer’s satisfaction in the year 2021 (supra). We order accordingly and quash all the four sec.153C assessments in very terms.
All other pleadings on merits in all the four appeals stand rendered academic. to 807/Coch/2023 are allowed in above terms. A copy of this common order be placed in the respective case files.