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2023 (8) TMI 1343 - HC - Income TaxAssessment u/s 153C - Scope of amended provision to proceedings emerging from searches initiated prior to 01.06.2015 - as argued documents seized from third party there were no handwriting of the assess as well as no address of the assessee has been mentioned - whether documents seized during the course of the search did not belong to the assessee? - HELD THAT:- Hon’ble Supreme Court in case of Income Tax officer vs. Vikram Sujitkumar Bhatia [2023 (4) TMI 296 - SUPREME COURT] dealing with identical issue held common judgment and order passed by the High Court is held to be unsustainable and the question, i.e., “Whether the amendment brought to Section 153C vide Finance Act, 2015 would be applicable to searches conducted under Section 132 of the Act, 1961 before 01.06.2015, i.e., the date of amendment?”, is answered in favour of the Revenue and against the assessees and is answered accordingly. Thus the amendment brought to Section 153C of the Act, 1961 vide Finance Act, 2015 shall be applicable to searches conducted under Section 132 of the Act, 1961 before 01.06.2015, i.e., the date of the amendment. The appeal is required to be allowed and is accordingly allowed. The impugned order dated 23.11.2022 passed by the Tribunal is hereby quashed and set aside by answering the question of law in affirmative and the matter is remanded back to the CIT (Appeals) to decide the same on merits.
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