Tribunal held that the search was conducted on the K group of cases on November 9, 2011. The impounded documents had been received by the AO on August 29, 2013. The satisfaction u\/s. 153C\u00a0had been recorded on October 3, 2013. The AO passed the assessment order u\/s. 153B(1)(b)\u00a0considering the AY 2012-13 to be the year of search. However, the first proviso to S.153C\u00a0of the Act provides that the six assessment years for which assessments or reassessments could be made u\/s. 153C\u00a0would have to be construed with reference to the date of handing over of the assets or documents to the AO of the assessee. Therefore, the AY 2014-15 would be the year of search and the six assessment years u\/s.153C\u00a0of Act in the case of assessee would be assessment years 2008-09 to 2013-14. However, the AO had not issued any notice u\/s.153C\u00a0before initiating the proceedings against the assessee. The amendment in S.153C\u00a0by the Finance Act, 2017, with effect from April 1, 2017 to the effect that the block period for the person in respect of whom the search was conducted as well as the \u201cother person\u201d would be the same six assessment years immediately preceding the year of search was prospective in nature. The AO, therefore, should have framed the assessment u\/s.153C\u00a0in the case of the assessee and at the time of initiating the proceeding against the assessee, issued notice u\/s. 153C\u00a0which had not been done in this case. The issue of notice u\/s. 153C\u00a0was mandatory and a condition precedent for taking action against the assessee u\/s. 153C. Accordingly the assessment is illegal and bad in law. (AY .2012 \u2013 2013)<\/p>\n","protected":false},"excerpt":{"rendered":"
S. 153C : Assessment-Income of any other person-Search and Seizure\u2014Issue of notice is mandatory-The amendment in S.153C by the Finance Act, 2017, with effect from April 1, 2017 to the effect that the block period for the person in respect of whom the search was conducted as well as the \u201cother person\u201d would be the same six assessment years immediately preceding the year of search was prospective in nature-Order is held to be bad in law. [S.132, 153B(1)(b)]<\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[1],"tags":[],"class_list":["post-4375","post","type-post","status-publish","format-standard","hentry","category-digest"],"acf":[],"jetpack_featured_media_url":"","jetpack_shortlink":"https:\/\/wp.me\/p9S2Rw-18z","jetpack-related-posts":[],"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts\/4375","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/comments?post=4375"}],"version-history":[{"count":0,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts\/4375\/revisions"}],"wp:attachment":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/media?parent=4375"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/categories?post=4375"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/tags?post=4375"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}