Section 153 c

[AK garg]

The provision in section 153 c (1) is that the search date in case of third person is to be construed as the date of handing over documents to the AO of third person. Is this provision only for the purpose of reckoning six years period alone? Is the date of search so construed can be deemed to be date of search for all purposes in case of third party? I mean if search has taken place in 2014 before amendment to 153 c incorporating ' relate to ' and the handingover of documents as well as notice to third party is served in 2016 after the amendment in section 148, saying that the material seized did not belong to but merely pertained to him taking shelter under the pre amended provision o 153 c, will such notice become invalid because search has to be construed from the date of handing over which is after amendment?

AI Summary

Clarification on Section 153C(1) of the Income Tax Act: Does Document Handover Date Affect Search Date and Notice Validity? A user inquired about the interpretation of Section 153C(1) of the Income Tax Act, specifically whether the date of handing over documents to the Assessing Officer (AO) for a third party should be considered the search date for all purposes, or just for calculating the six-year period. The question also addressed the validity of notices served after amendments to Section 153C and Section 148, particularly when documents seized in a search conducted before the amendment were handed over after the amendment. The user sought clarification on whether such notices would be invalid if the search date is considered as the date of document handover.