2019 (7) TMI 34 - HC - Income Tax

Court clarifies application of Section 153C amendments, upholds rule of law

SHYAM SUNDER TIBREWAL Versus DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 2 (1) (2)

The Court found the writ-applications maintainable and addressed the substantive legal issues. It held that the amended provisions of Section 153C applied ... Assessment u/s 153C - whether of notices were barred by the limitation? - Effect of amendment in Section 153C w.e.f .1st June, 2015 - can notice u/s 153C under amended provision be issued in relation to searches carried out till 31st May 2015 - HELD THAT:- With regard to the first question, the coordinate bench of this court in ANILKUMAR GOPIKISHAN AGRAWAL VERSUS ACIT, [2019 (6) TMI 746 - GUJARAT HIGH COURT] took the view that the writ-applications were maintainable. With regard to the second question regarding impact of amendment, the Court took the view that the Legislature has specifically made the amended provisions of Section 153C applicable with prospective effect from 01.06.2015. The Court held that if such amended provisions are not made applicable to the searches carried out prior to 01.06.2015, they would affect the substantive rights of the persons who are brought within the ambit of Section 153C 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. It had been stated that in terms of clause (b) of subsection (1) of section 153A, the six years assessment years would be the six assessment years preceding assessment year relating to the previous year in which search is conducted or requisition made and in case any notices u/s 153C which have been issued for assessment years beyond the six assessment years referred to hereinabove, such notices would be beyond jurisdiction as the same do not fall within the six assessment years as contemplated under section 153A. The petitions succeed, and are accordingly, allowed. The impugned notices issued u/s 153C in each of the petitions are hereby quashed and set aside. In cases where the assessment orders are subject matter of challenge, the impugned assessment orders are hereby quashed and set aside on the ground that the very initiation of proceedings u/s 153C was without jurisdiction. Rule is made absolute accordingly in each of the petitions Issues involved:1. Maintainability of writ-applications2. Applicability of Section 153C of the Income Tax Act to searches initiated before 01.06.20153. Limitation period for notices under Section 153C4. Assessment years under Section 153A of the Income Tax ActIssue 1: Maintainability of writ-applicationsThe Court found the writ-applications maintainable and proceeded to address the substantive legal issues raised therein.Issue 2: Applicability of Section 153C of the Income Tax Act to searches initiated before 01.06.2015The Court held that the amended provisions of Section 153C applied prospectively from 01.06.2015. Failure to apply the amendments to searches pre-dating this would impact the substantive rights of individuals falling under Section 153C.Issue 3: Limitation period for notices under Section 153CThe Court clarified that when a statute provides alternative limitation periods, the mere expiry of one period does not render notices invalid on limitation grounds. It emphasized the importance of statutory interpretation in such cases.Issue 4: Assessment years under Section 153A of the Income Tax ActThe Court interpreted Section 153A, highlighting that the trigger for issuing notices under this section is a search or requisition under specific provisions. It outlined the relevant assessment years based on the search dates in different cases, ensuring compliance with the statutory requirements.In the final order, the Court quashed and set aside the impugned notices issued under Section 153C of the Income Tax Act, along with any assessment orders based on such notices. The judgment reiterated the importance of adhering to statutory provisions and ensuring jurisdictional requirements are met in tax assessments. The decision aligned with previous rulings by the coordinate bench, applying consistent legal principles to uphold the rule of law.