{"id":64181,"date":"2026-08-28T16:26:44","date_gmt":"2026-08-28T10:56:44","guid":{"rendered":"https:\/\/itatonline.org\/digest\/vijay-bihari-kandhari-v-asst-cit-2026-308-taxman-400-bom-hc\/"},"modified":"2026-08-28T16:26:44","modified_gmt":"2026-08-28T10:56:44","slug":"vijay-bihari-kandhari-v-asst-cit-2026-308-taxman-400-bom-hc","status":"publish","type":"post","link":"https:\/\/itatonline.org\/digest\/vijay-bihari-kandhari-v-asst-cit-2026-308-taxman-400-bom-hc\/","title":{"rendered":"Vijay Bihari Kandhari v. Asst. CIT (2026) 308 Taxman 400 (Bom.)(HC)"},"content":{"rendered":"<p><strong>\u00a0<\/strong><\/p>\n<p>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 Court held that the\u00a0\u00a0 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.\u00a0 Since said time limit expired on 31-3-2021 and in light of TOLA and\u00a0Notification 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 and was still seeking replies to show-cause notices, the assessment proceedings were time-barred as they were not completed by 30-9-2021. therefore,\u00a0 proceedings under section 153C for relevant assessment years were\u00a0 quashed.(AY. 2014-15 to 2019-20)<\/p>\n","protected":false},"excerpt":{"rendered":"<p>S. 153C : Assessment-Income of any other person-Assessing Officer of searched party and third party was the same-Time limit of clause (ii) of third proviso to  section 153B(1) shall apply  which was 12 months from end of financial  year in which search took place-Order was quashed. [S. 153B, Art. 226] <\/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_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_feature_clip_id":0,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_post_was_ever_published":false},"categories":[21],"tags":[],"class_list":["post-64181","post","type-post","status-publish","format-standard","hentry","category-income-tax-act"],"acf":[],"jetpack_featured_media_url":"","jetpack_shortlink":"https:\/\/wp.me\/p9S2Rw-gHb","jetpack-related-posts":[],"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts\/64181","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=64181"}],"version-history":[{"count":1,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts\/64181\/revisions"}],"predecessor-version":[{"id":64182,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts\/64181\/revisions\/64182"}],"wp:attachment":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/media?parent=64181"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/categories?post=64181"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/tags?post=64181"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}