s.153C notices require the assessing officer to record satisfaction that received material likely affects specific assessment years before issuing notice SC held that notices under s.153C require the jurisdictional assessing officer to first record satisfaction that material received is likely to affect the ...
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s.153C notices require the assessing officer to record satisfaction that received material likely affects specific assessment years before issuing notice
SC held that notices under s.153C require the jurisdictional assessing officer to first record satisfaction that material received is likely to affect the total income of specific assessment years and then issue notice; assessment powers are confined to years to which the material relates. Absent material casting doubt on income estimation for particular year(s), s.153C cannot be invoked. The revenue conceded that similar SLPs had been dismissed; the present Special Leave Petitions were dismissed and delay in filing was condoned.
The petitioners' counsel for Revenue conceded that "similar Special Leave Petitions have already been dismissed by this Court." Relying on that concession, the Court dismissed the Special Leave Petitions, explicitly "condoning the delay in filing the SLPs." The order therefore: (1) dismisses the SLPs; (2) condones the delay in filing; and (3) disposes of "Pending applications, if any." The ruling rests on the concession of prior dismissal of like petitions rather than fresh adjudication on merits. Key legal terminology: Special Leave Petitions (SLPs), condoning the delay, and disposal of pending applications.
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