9911796707
TMI Blog2021 (6) TMI 867X X X X Extracts X X X X X X X X Extracts X X X X ..... , 1961 requiring the petitioner to file his return of income for various assessment years. One such notice issued for the AY 2009-10 is impugned in this writ petition. The only question that arises for my determination is whether the assessing officer/respondent herein is possessed of the power to issue the same. The respondent has filed a detailed counter affidavit and the learned standing counsel took me through its contents. 3.The contest between the parties is as regards Explanation-I to Section 153 A (1) of the Act. It reads as under : "For the purposes of this sub-section, the expression "relevant assessment year" shall mean an assessment year preceding the assessment year relevant to the previous year in which search is conducted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7-18 3 2016-17 4 2015-16 5 2014-15 6 2013-14 Following the changes and insertion made by the Finance Act, 2017 w.e.f., 01.04.2017, the provision reads as under : "153A(1) Notwithstanding anything contained in section 139, section 147, section 148, section 149, section 151 and section 153, in the case of a person where a search is initiated under section 132 or books of account, other documents or any assets are requisitioned under section 132A after the 31st day of May, 2003, the Assessing Officer shall- (a) issue notice to such person requiring him to furnish within such period, as may be specified in the notice, the return of income in respect of each assessment year falling within six assessment years and for the relevant a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n order to protect the interest of the revenue in cases where tangible evidence(s) are found during a search or seizure operation (including Section 132A cases) and the same is represented in the form of undisclosed investment in any asset, section 153A of the Income Tax Act relating to search assessments has been amended to provide that notice under the said section can be issued for an assessment year or years beyond the sixth assessment year already provided up to the tenth assessment year." The learned standing counsel would point out that in the provision, there are clearly two limbs. The first limb says that the assessing officer shall assess or reassess the total income of six years immediately preceding the assessment year relevan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l or purposive interpretation cannot be applied nor any resort be made to look to other supporting material in taxation statutes. There is no room for any intendment. Regard must be had to the clear meaning of the words. Equity has no place. One has to strictly look to the language used. There is no room for searching intendment nor drawing any presumption. Nothing has to be read into nor should anything be implied other than essential inferences while considering a taxation statute. (Para 29). This judgment is now a leading authority for the proposition that in the event a provision of fiscal statute is obscure such construction which favours the assessee may be adopted would have no application to construction of an exemption notification ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n backwards from the said date ie., 31.03.2020. The first year will of course be the search assessment year itself. In that event, the ten assessment years will be as follows : 1st year 2019-20 2nd year 2018-19 3rd year 2017-18 4th year 2016-17 5th year 2015-16 6th year 2014-15 7th year 2013-14 8th year 2012-13 9th year 2011-12 10th year 2010-11 The case on hand pertains to AY 2009-10. It is obviously beyond the ten year outer ceiling limit prescribed by the statute. The terminal point is the tenth year calculated from the end of the assessment year relevant to the previous year in which search is conducted. The long arm of the law can go up to this terminal point and not one day beyond. When the statute is clear and ad ..... X X X X Extracts X X X X X X X X Extracts X X X X
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