PCIT -7 Vs. SHALIMAR TOWN PLANNERS PVT. LTD.

JUDGEMENT

(1.) Present appeal has been filed challenging the Order dtd. 30/6/2020 passed by the Income Tax Appellate Tribunal ('ITAT') in ITA No.6307/Del/2017 for the assessment year 2008-09.

(2.) Learned counsel for the appellant submits that it is clear that Assessment Year 2008-09, in the present case, is not a part of the six assessment years preceding the year of search and as such for the Assessment Year 2008-09, regular scrutiny assessment under Sec. 143(3) was carried out. He states that ITAT has erred in not appreciating the fact that Revenue had filed a Special Leave Petition before the Supreme Court on the same issue i.e. whether in a case involving Sec. 153C, date of receiving documents is to be taken as date of search or not in the case of Raj Buildworth Pvt. Ltd. (Diary No. 21284/2019). The Supreme Court in the said case vide Order dtd. 14/10/2019 dismissed the appeal filed by the Revenue on account of delay leaving all the questions of law open.

(3.) This Court is of the view that the proposed question of law, namely, whether in a case where Sec. 153C is applicable, date of receiving documents is to be taken as date of search or not has been answered by a Coordinate Division Bench of this Court in Commissioner of Income-tax- 7 Vs. RRJ Securities Ltd., [2016] 380 ITR 612. The relevant portion of the said judgment is reproduced hereinbelow: