TMI Blog2017 (8) TMI 279X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onal Thermal Power Co. Ltd. v. CIT [1998] 229 ITR 383 (SC). 3. Brief facts of the case are that the search and seizure operation under section 132 of the Act was carried out at the premises of the Kamdhenu group on September 17, 2008. In these cases no search warrant was issued. However, during the course of search operation, certain documents relating to these assessees were found and seized. The Assessing Officer of the persons referred to in section 153A handed over the documents to the Assessing Officer of these assessees on April 1, 2011 along with the satisfactory note. The Assessing Officer after recording satisfaction issued notice under section 153C of the Act in these cases, It is also pertinent to mention that in all these cas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 06 31-07-2006 (Belated return (PB) (16) 31-7-2008 No order under section 143(3) 4. Shakuntala Devi 2006-07 31-7-2006 1-8-2007 (Belated return (PB-10) 31-8-2008 No order under section 143(3) 5. M/s Anil Agarwal and Sons HUF 2006-07 31-7-2006 14-2-2007 (Belated return (CIT (A) order para 4-6) 29-2-2008 No order under section 143(3) 6. Sumar Agarwal 2006-07 31-7-2006 14-02-2007 Beleted return (CIT(A) order para 4-7) 29-2-2008 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or search under section 132 or for requisition under section 132A was executed. (b) in respect of the assessment year relevant to the previous year in which search is conducted under section 132 or requisition is made under section 132A within a period of two years 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: Provided that in case of other person referred to in section 153C, the period of limitation for making the assessment or reassessment shall be the period as referred to in clause (a) or clause (b) of this sub- section or one year from the end of the financial year in which books of account or documents or assets seize ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e 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, which is as under : Particulars Date Date of search 17-9-2008 End of the financial year in which search was executed 31-3-2009 Add 21 months 31-12-2010 (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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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