Interplay between Sections 153C and 147 of the Income Tax Act, ...

Reassessment Valid u/s 147: No Grounds for Section 153C as No Satisfaction Note Recorded in Search.

November 23, 2024

Case Laws     Income Tax     HC

Interplay between Sections 153C and 147 of the Income Tax Act, specifically whether recourse to Section 147 is available when the Assessing Officer (AO) is empowered to proceed u/s 153C. It was held that Section 153C enables the AO to assess or reassess income where incriminating assets, material, or documents are found during a search u/s 132 or requisition u/s 132A in respect of another person. However, in the present case, the jurisdictional conditions to initiate proceedings u/s 153C were not satisfied as the AO of the searched person did not record a satisfaction note and transmit relevant material to the Assessee's AO. The reassessment proceedings were initiated u/s 147 based on information received from the Investigation Wing regarding the Assessee's purchase of penny stock units. Since the AO did not assume jurisdiction u/s 153C, the non-obstante clause of Section 153C would not override Sections 147, 148, and 149, and the decision to reassess u/s 147 was upheld.

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