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2017 (8) TMI 279 - AT - Income TaxAssessment u/s 153C barred by limitation - time limit provided under section 153B - Held that:- It is noted that the search and seizure operation under section 132 were carried out on September 17, 2008 and on the basis of which notices under section 153C of the Act was issued and the seized documents were handed over to the Assessing Officer of these assessees on April 1, 2011. Thus in terms of second proviso to section 153B the time limit for passing order under section 153C would be as under : (i) Twenty-one months from the end of the financial year in which the last of the authorisation for search under section 132 or the requisition under section 132A was executed (ii) Nine months from the end of the financial year in which books of account or documents or assets seized or requisitioned are handed over under section 153C to the Assessing Officer having jurisdiction over such other person Therefore, the order under section 153C should have been passed by December 31, 2012. Admittedly in all these cases, the orders under section 153C were passed after December 31, 2012. Therefore, considering all these facts and circumstances of the case, we hold that the order passed under section 153C were barred by limitation and it cannot be sustained - Decided in favour of assessee.
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