Sec. 153A of Income Tax Act, 1961— Assessment —The date of satisfaction would be when the A.O. assumes position as that of the A.O. of the other person.

Facts: This appeal by Revenue has been directed against the Order of CIT(A) on the ground that CIT(A) has erred in holding that A.Y. 2009-10 was not covered in six year period, without appreciating the fact that of hearing over is replaced for dated of search only for the purpose of abatement of pending proceedings as per 2nd proviso of Section 153A and not for counting the six year period in section 153A(1).”

Held, that CIT(A) considered the first issue of assumption of jurisdiction under section 153C in the light of provisions of Section 153C and found that six assessment years prior to the date of search in this case which is September, 2016 being the date on which documents etc., were handed-over to the A.O. of the assessee should be A.Ys. 2011-2012 to 2016-2017. Thus, there was no jurisdiction with the A.O. to proceed under section 153C for the A.Y. 2009-2010 under appeal. The Ld. D.R. did not dispute that issue is covered in favour of the assessee by Judgment of Hon’ble Delhi High Court in the case of M/s. RRJ Securities Ltd., (supra) in which it was held that “the date of satisfaction would be when the A.O. assumes position as that of the A.O. of the other person”. Therefore, Departmental Appeal has no merit and the same is liable to be dismissed. - ASSTT. CIT V/s KUBER PRODUCTS PVT. LTD. - [2020] 26 ITCD Online 110 (ITAT-DELHI)