| COURT: | Calcutta High Court |
| CORAM: | Abhijit Gangopadhyay J, Sanjib Banerjee J |
| SECTION(S): | 132, 139(1), 139(3), 153 |
| GENRE: | Domestic Tax |
| CATCH WORDS: | Carry forward of losses., loss return, search and seizure |
| COUNSEL: | J. P. Khaitan |
| DATE: | June 25, 2018 (Date of pronouncement) |
| DATE: | August 4, 2018 (Date of publication) |
| AY: | 2004-05 |
| FILE: | Click here to view full post with file download link |
| CITATION: | |
| S. 139/ 153: When search operations are conducted u/s 132, the obligation of the assessee to file any return remains suspended till such time that a notice is issued for such purpose u/s 153A(1)(a). If the return is filed within the reasonable time permitted by such notice u/s 153A(1)(a), the return is deemed to have been filed within the time permitted u/s 139 (1)/ 139(3) and loss can be carried forward | |
The non obstante clause at the beginning of Section 153A (1) of the Act suspends, for the purpose and to the extent as indicated in such provision, the operation of several other provisions of the Act, including Section 139 and even Section 147 in course of any reassessment. In other words, when a search is initiated under Section 132 of the Act, the assessee is not required to file the assessee’s return till such time that the assessee receives a notice under Section 153A(1)(a) thereof. Once such notice is received the liability fastens on the assessee to file the return within the reasonable time specified in the relevant notice
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