The Petitioner by way of a Writ Petition impugned the notice under section 148 of the Act issued for A.Y. 2013-14 on the ground that it was issued beyond limitation. The Hon’ble Court held that any search conducted after 01.04.2021 would cease to be regulated by section 153C (3) of the Act as it stood before the amendment and thus, it would have to meet the foundational tests as specified in the first proviso to section 149(1) of the Act. In light of a decision rendered by the Hon’ble Court in PCIT v. Ojjus Medicare Pvt. Ltd. [2024] 161 taxmann.com 160/ 465 ITR 101 (Dellhi)(HC), it was held that A.Y. 2013-14 would fall beyond the block period of ten years. Thus, the impugned notice was quashed and set aside. (AY. 2013-14)
Dinesh Jindal v. ACIT (2024) 469 ITR 32 / 164 taxmann.com 746 (Delhi)(HC)
S. 153C : Assessment-Income of any other person-Search- Reassessment-Time limit for notice-Search conducted in February 2022-Notice under S. 148 dated 30.03.2023 seeking to re-open assessment for A.Y. 2013-14-Relevant A.Y. fell beyond ten years block period set out in S. 153C and thus notice was time barred. [S. 132, 148, 149(1), 153A, Art. 226]