Search action was held on 29th July 2016. Date of satisfaction note i.e. 18th September, 2018 or actual date of receipt of books of account by the assesee’s AO on. ie. 7th July 2017 is taken as the date of receipt of books of accounts / documents the relevant assessment years 2016-17 and 2017-18 fell within the period of six assessment years covered by S.153C and consequently, the assessment framed by the Assessing Officer under section 143(3) without issuing notice under section 153C for the assessment years was ab initio void, lapse on the AO’s part of not issuing notice under section 153C was not mere procedural irregularity, but jurisdictional illegality which is not curable by the provisions S. 292B. (AY. 2016-17)
ACIT v. Dr. D.Y.Patil Education Society (2023) 224 TTJ 345 (Mum)(Trib)
S. 153A : Assessment-Search-Satisfaction-Computation of six. Assessment years-Absence of notice under section 153C-Actual date of receipts of books of account-Non issue of notice under section 153C-Within period of six assessment years-Not procedural irregularity-Jurisdictional illegality-Not curable provision. [ S. 132 143(3) 153C, 292B]