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2017 Supreme(Del) 2907

S.MURALIDHAR, PRATHIBA M.SINGH
PR COMMISSIONER OF INCOME TAX – Appellant
Versus
SARWAR AGENCY PVT. LTD. – Respondent


Advocates Appeared:
For the Appellant : Mr. Ashok K. Manchanda, Mr. Anand Chaudhuri
For the Respondents: Mr. Salil Aggarwal

ORDER :

S. Muralidhar, J.

1. The Revenue has filed this appeal under Section 260A of the Income Tax Act, 1961 (‘Act’) against the order dated 1st July 2016 passed by the Income Tax Appellate Tribunal (ITAT) in ITA No. 6039/Del/2014 pertaining to the Assessment Year (‘AY’) 2006-07.

2. The question sought to be urged by the Revenue is whether the ITAT was justified in holding that the notice issued to the Assessee under Section 153 C of the Act for the AY in question, i.e. 2006-07, is without jurisdiction since the said AY is beyond the purview of issuance of notice in terms of the said provision.

3. The facts, in brief, are that a search under Section 132 of the Act took place on 11th November 2010 in the Tinna Group of cases. The documents pertaining to the Assessee were forwarded along with a satisfaction note by the AO of the searched party to the AO of the Assessee on 3rd January 2013. The AO of the Assessee issued notice to the Assessee, which qua the searched party was the 'other person', under Section 153C on 4th January 2013.

4. Sub-section (1) of Section 153 C provides that the assessment or re-assessment of the income of the 'other person' would be in accordance with the provis











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