INCOME TAX ACT, 1961

Section 153C

Search and seizure - Notice under section 153C - Time limitation -

By way of instant writ petition, assessee challenged the legality and validity of notice issued under section 153C. Held: In Anilkumar Gopikishan Agarwal v. ACIT, on similar facts, it was held that in terms of section 153A, it is evident that the trigger point for issuance of notice is a search under section 132 or a requisition under section 132A, therefore, notice is required to be issued to the searched person calling upon him to file return of income for six assessment years immediately preceding the assessment year relevant to the previous year in which such search is conducted or requisition is made. Thus, insofar as computation of the six assessment years in respect of which notice is required to be issued is concerned, the relevant date is the immediately preceding assessment year relevant to the previous year in which such search is conducted or requisition is made. Accordingly, any notices under section 153C issued for assessment years beyond the six assessment years referred to herein above, would be beyond jurisdiction as the same do not fall within the six assessment years as contemplated under section 153A.

REFERRED : Anilkumar Gopikishan Agrawal v. Asstt. CIT [R/Special Civil Application No. 12825 of 2018 with R/Special Civil Application No. 12829 of 2018 with R/Special Civil Application No. 12832 of 2018 with R/Special Civil Application No. 17489 of 2018 with R/Special Civil Application No. 17490 of 2018, dt. 2-4-2019]

FAVOUR : In assessee's favour

A.Y. :

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