Question And Answer
Querist: vijay kumar
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Date: November 12, 2021
Query asked by vijay kumar

Sir In case of D search takes place in FY 2019-20 and few jewelry and cash was seized. No assessment u/s 153A was completed till 30-09-2021, being extended period of limitation for completion of assessment. However in Oct-2021 AO issues notices u/s 153C for AY 2013-14 to AY 2020-21 ie for 7 years. please tell if these notices are valid in view of non applicability of Sec 153C from 01-04-21 onwards, as the date of search in such case will be oct 2021 when the documents handed over to AO of other person has been over by AO of searched person. and if it is true, the Sec 153C not applicable from 01-04-2021. Secondly please appraise if the jewelry and cash seized can be claimed as no assessment has been made against panchnama in which jewelary and cash was seized; hence no liability.

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Answer given by

The assessee can make the claim for refund of cash and jewellery seized . Whether the extended period is applicable or not is a debatable issue . As regards the issue of notice under section 148 after 1-4 -2021 the matters are pending before High Court. Allahabad High Court has quashed the proceedings . Ashok Kumar Agarwal & Ors v. UOI ( All ) ( HC) .www.itatonline .org . Bombay High Court in Tata Communications Transformation Services Ltd v. UOI (2021) 281 taxman 222 (Bom.) (HC) ,
Sahil International v. ACIT (2021) 281 Taxman 221 (Bom.) ( HC), stayed the proceedings .
The assessee may have to file writ before High Court .

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