Held, that the Commissioner (Appeals) had counted the limitation period from the date of search. The case was centralised on September 13, 2021, the satisfaction note was recorded by the Assessing Officer a week later and the notice under section 153C was issued a day after. All these dates fell in the previous year 2021-22 relevant to the assessment year 2022-23. The preceding ten assessment years would be 2012-13 to 2021-22. The assessment years under consideration, viz., 2009-10 and 2011-12 were beyond the period of ten years from the date of recording of the satisfaction note and, hence, barred by limitation.(AY. 2009 10, 2011-12)
Sarangabani Kirubakaran v. Dy. CIT (2024) 115 ITR 28 (SN) (Chennai)(Trib)
S. 153C : Assessment-Income of any other person-Search-Limitation-Period to be reckoned from date of receipt of books of account, documents or seizure of assets by Jurisdictional Assessing Officer of non-searched person-Commissioner (Appeals) considering limitation period from date of search-Notice is barred by limitation.[S. 132, 132A]