9911796707
TMI Blog2024 (6) TMI 695X X X X Extracts X X X X X X X X Extracts X X X X ..... e petitioner discloses that insofar as the original Section 143 (3) assessment was concerned, an appeal was taken to the Income Tax Appellate Tribunal which ultimately accorded relief to the petitioner with respect to disallowances made u/s 40 (a) (ia) of the Act. The subsequent notice u/s 148 was concerned with a search which was conducted in the case of the Proform Group on 09 February 2022. Undisputedly and for the purposes of reopening, bearing in mind the proviso to Section 149(1), action could have been initiated only upto AY 2014-15. We take note of the decision in Filatex India Ltd. [ 2023 (9) TMI 1484 - DELHI HIGH COURT] and where while dealing with an identical question, upon taking note of the manner in which the relevant period ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... elapsed from the end of the relevant assessment year, unless the case falls under clause (b); [(b) if three years, but not more than ten years, have elapsed from the end of the relevant assessment year unless the Assessing Officer has in his possession books of account or other documents or evidence which reveal that the income chargeable to tax, represented in the form of (i) an asset; (ii) expenditure in respect of a transaction or in relation to an event or occasion; or (iii) an entry or entries in the books of account, which has escaped assessment amounts to or is likely to amount to fifty lakh rupees or more:] Provided that no notice under Section 148 shall be issued at any time in a case for the relevant assessment year beginning on o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2. On culmination of those proceedings, the respondent proceeded to pass a final order of assessment on 23 March 2023, accepting the income which had been assessed originally under Section 143 (3) of the Act. The petitioner discloses that insofar as the original Section 143 (3) assessment was concerned, an appeal was taken to the Income Tax Appellate Tribunal which ultimately accorded relief to the petitioner with respect to disallowances made under Section 40 (a) (ia) of the Act. 6. The subsequent notice under Section 148 of the Act dated 31 March 2023 was concerned with a search which was conducted in the case of the Proform Group on 09 February 2022. Undisputedly and for the purposes of reopening, bearing in mind the proviso to Section 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ck for the purposes of computation of the six and the ten year period is governed by the First Proviso to Section 153C, which significantly shifts the reference point spoken of in Section 153A (1), while defining the point from which the period of the relevant assessment year is to be calculated, to the date of receipt of the books of accounts, documents or assets seized by the jurisdictional AO of the non-searched person. The shift of the relevant date in the case of a non-searched person being regulated by the First Proviso of Section 153C (1) is an issue which is no longer res integra and stands authoritatively settled by virtue of the decisions of this Court in SSP Aviation and RRJ Securities as well as the decision of the Supreme Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aving consciously adopted the phraseology immediately preceding when it be in relation to the six year period and employing the expression from the end of the assessment year while speaking of the ten year block. 5. In view of the aforesaid, we find ourselves unable to sustain the impugned notice dated 13 March 2023 issued under Section 148 of the Act. 6. The writ petition is accordingly allowed and the impugned order dated 18 May 2023 disposing off the objections of the petitioner is hereby quashed. We in consequence also quash the notice dated 13 March 2023 purporting to commence proceedings under Section 148 of the Act. 8. Bearing in mind the aforesaid, the computation of the relevant assessment year from the date of the impugned Section ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
