TMI Blog2019 (7) TMI 1374X X X X Extracts X X X X X X X X Extracts X X X X ..... s of the persons who are brought within the ambit of Section 153C of the Act by virtue of such amendment. So far as the third question is concerned with regard to the limitation, the Court took the view that when the statute itself provides for an alternative period of limitation, merely because the period of limitation is provided under the first part has elapsed; it cannot be said that the notices were barred by the limitation on such ground. Assessment Order has been passed u/s 153C the same is also quashed and set aside - R/SPECIAL CIVIL APPLICATION NO. 12156 of 2019 - - - Dated:- 23-7-2019 - MR J. B. PARDIWALA AND MR A. C. RAO, JJ. For The Petitioner (s) : MR B S SOPARKAR (6851) For The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it applications came to be disposed of by the coordinate bench with a judgment and order dated 02.04.2019. The coordinate bench addressed itself on four questions. First, with regard to the maintainability of the petitions. Secondly, the question with regard to whether Section 153C of the Act as amended with effect from 01.06.2015 would be applicable to the case where search is initiated prior to that date. Thirdly, the question with regard to whether the notice u/s. 153C of the Act was barred by limitation and fourthly, the question with regard to the relevant Assessment Years contemplated u/s. 153A of the Act. 4. With regard to the first question, the coordinate bench took the view that the writ applications were maintaina ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... date is the immediately preceding assessment year relevant to the previous year in which such search is conducted or requisition is made. 21. Accordingly, in terms of clause (b) of subsection (1) of section 153A of the Act, in case of HN Safal Group, since the search is conducted on 4.9.2013 the previous year in which such search is conducted or requisition made is 1.4.2013 to 31.3.2014 and the assessment year relevant to such previous year would be 2014-15; therefore, the six years assessment years would be the six assessment years preceding assessment year 2014-15 which would be 201314, 201213, 201112, 201011, 200910 and 200809. In case of Barter Group and Venus Group, since the search is conducted on 4.12.2014 and 13.3 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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