S. 153C : Assessment-Income of any other person-Search-Limitation-Assessment proceedings before AO not judicial proceedings-Evidence Act not applicable-Amendment to S. 2(12A) defining “books and books of accounts” is clarificatory and retrospective-Electronic/digital data covered-Date of satisfaction note deemed date of handing over for computing limitation-Assessments not time-barred-Writ partly allowed for limited remand. [S.2(12A), 132, 153A, 153B, Indian Evidence Act, 1872, S. 65A, 65B, Art. 226]

S. 153A: Assessment-Search-Reassessment-Notice-Limitation-Where search under s. 132 was conducted in FY 2022-23, the block of six assessment years would be six years preceding AY 2023-24 and thus AY 2016-17 falls beyond the permissible period-Extended period of ten years not applicable in absence of income represented in the form of an asset-Notice and consequential proceedings quashed. [S. 132, 148, 149(1)(b), Art. 226]

S. 153A : Assessment-Search-Writ not maintainable merely on alleged breach of natural justice-Non-grant of cross-examination not a ground to bypass statutory appeal-S. 65B of Evidence Act, 1872 and 63 of Bharatiya Sakshya Adhiniyam, 2023 inapplicable to assessment proceedings-CBDT Digital Evidence Investigation Manual, 2014 has no statutory force-Single Judge order set aside.[S. 119, 132,143(3) 246A, Bharatiya Sakshya Adhiniyam, 2023, S. 63, Evidence Act 1872, S. 65B, Art. 226]

S. 149 : Reassessment-Time limit for notice-Retrospective applicability of S. 149(1)(c)-Explanation inserted by Finance Act, 2012 clarifies that amended sub-ss. (1) and (3) apply to “any assessment year” beginning on or before 1-4-2012-Word “any” not restrictive-Amendment to s. 147 by insertion of Expln. 4 also relevant-Earlier decision in Brahm Datt not considering said Explanation and Notes on Clauses-Matter referred to Chief Justice for constitution of Larger Bench. [S. 147, 148, 149(1)(c), Art. 226]

S. 148A : Reassessment-Conducting inquiry and providing opportunity before issue of notice-Faceless collection of information-No challenge to constitutional validity of S. 135A-Disputed factual issues cannot be examined in writ jurisdiction-Reassessment notice upheld and writ petition dismissed. [S. 135A, 148, Art. 226]

S. 148A : Reassessment-Conducting inquiry and providing opportunity before issue of notice-Reopening after approval of resolution plan under Insolvency and Bankruptcy Code-Alleged transactions with shell companies for tax evasion-CIRP cannot be used to defeat reassessment proceedings-Writ petition dismissed. [S. 148,148A(b), 148A(d), Insolvency and Bankruptcy Code, S.31, Art. 14, 19, 226]

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Notice-Limitation-Where the first notice under s. 148 issued on 23-6-2021 (to be treated as notice under s. 148A(b) in view of Ashish Agarwal) was within extended time up to 30-6-2021 under TOLA, the order under s. 148A(d) and consequential second notice under S. 148 were required to be issued within seven days of assessee’s reply; second notice dated 14-7-2022 being beyond limitation, entire proceedings quashed. [S. 148, 148A(b), 148A(d), 149, 151, Art. 226]

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Limitation-Notice under s. 148A(b) issued on 28-3-2024 within three years is the relevant date for computing limitation-Subsequent notice dated 22-4-2024 issued pursuant to assessee’s reply does not extend or shift limitation-Notice under s. 148 dated 30-4-2024 not barred by limitation. [S. 148, 148A(b), 149(1), Art. 226]

S. 147 : Reassessment-Search and seizure-Reasons recorded based on material unearthed during search-Where proceedings are founded on search material, recourse must be taken under sections 153A/153C and not under section 147-Notice issued under section 147 held without jurisdiction. [S. 132, 148, 153A, 153C, Art. 226]

S. 147: Reassessment-Alternative remedy-writ petition almost after expiry of one year from the date of passing the impugned assessment order-Writ petition dismissed. [S. 144, 144B, 148, Art. 226]