Vijay Bihari Kandhari v. ACIT (2025) 347 CTR 681 / 256 DTR 185 /(2026) 308 Taxman 400 (Bom)(HC)

S. 153B : Assessment-Search-Time limit-Proceedings initiated under section 153C-No question of transfer of records seized-Time limit provided by first limb of clause (ii) of third proviso to section 153B(1) shall apply-12 months from end of financial year in which search took place-Time barred-Order quashed.[S. 132, 153C, Art. 226]

A search and seizure operation under section 132 was carried out on 21-8-2019 in case of one ORL during which certain documents and information concerning petitioner, a third party, were seized. On basis of same, notices under section 153C were issued to petitioner for relevant assessment years. On writ the petitioner contended that the order was time barred. Allowing the petition the Court held that,  fresh time given in second limb of clause (ii) of third proviso to section 153B(1) is applicable only if Assessing Officer of searched party transfers record from himself to Assessing Officer of third party, in case where both Assessing Officers are different; there is no provision of granting time for completion of assessment with reference to transfer of records from Investigation Wing to Assessing Officer  Since Assessing Officer of searched party as well as Assessing Officer of third party, i.e. petitioner, was one and same, time limit provided by first limb of clause (ii) of third proviso to section 153B(1) was to be applied, which was 12 months from end of financial year in which search took place. Since said time limit expired on 31-3-2021 and in light of TOLA and  Notification No. S.O. 966(E) dated 27-2-2021, aforesaid time limit stood extended till 30-9-2021, thus, assessment under section 153C for relevant assessment years should have been completed by 30-9-2021. Since Assessing Officer had not completed assessment by 30-9-2021, proceedings under section 153C for relevant assessment years were to be quashed.(AY. 2014-15 to 2019-20)

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