Court clarifies Section 153C applicability, quashes notices & orders, stresses jurisdictional validity.

The court found the writ-applications maintainable, clarified the prospective applicability of Section 153C from 01.06.2015, addressed the limitation period for notices, and determined relevant assessment years under Section 153A. Ultimately, the court allowed the petitions, quashing the impugned notices and assessment orders under Section 153C of the Income Tax Act, ruling the initiation of proceedings without jurisdiction. The judgment emphasized adherence to statutory provisions and jurisdictional validity in tax proceedings.

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Issues:
1. Maintainability of writ-applications.
2. Applicability of Section 153C of the Act to searches initiated before 01.06.2015.
3. Limitation period for notices under Section 153C of the Act.
4. Relevant Assessment Years under Section 153A of the Act.

Issue 1: Maintainability of writ-applications
The court found the writ-applications to be maintainable, allowing the petitions to proceed.

Issue 2: Applicability of Section 153C of the Act
The court clarified that the amended provisions of Section 153C of the Act, effective from 01.06.2015, apply prospectively. It emphasized that failure to apply these provisions to searches before the specified date would impact the substantive rights of individuals under Section 153C.

Issue 3: Limitation period for notices under Section 153C
Regarding the limitation period, the court held that alternative periods of limitation provided by the statute must be considered. The court ruled that the mere expiration of the period under the first part does not render the notices time-barred.

Issue 4: Relevant Assessment Years under Section 153A
The court analyzed Section 153A of the Act concerning the trigger point for issuing notices. It determined the assessment years preceding the relevant year based on the search date. The court specified the assessment years applicable to different search dates for various groups, emphasizing adherence to the statutory provisions.

Final Order:
The court allowed the petitions, quashing and setting aside the impugned notices under Section 153C of the Income Tax Act, 1961. Assessment orders challenged were also quashed, ruling the initiation of proceedings under Section 153C as without jurisdiction. The court made the rule absolute in each petition, with no order as to costs.

Conclusion:
The court's judgment addressed the maintainability of writ-applications, the prospective applicability of Section 153C, the limitation period for notices, and the determination of relevant assessment years under Section 153A. The court's decision to quash notices and assessment orders under Section 153C highlighted the importance of adhering to statutory provisions and ensuring jurisdictional validity in tax proceedings.

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