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HC held that proceedings u/s 153C for A.Ys. 2014-15 to 2019-20 against the Petitioner are barred by limitation and therefore void. It interpreted clause (ii) of the third proviso to s.153B(1) to hold that, where the AO of the searched person and the "other person" is the same, the first limb (12 months from the end of the F.Y. of search) necessarily applies and cannot be rendered otiose. Since the search on the group of which the Petitioner is a part occurred on 21.08.2019, the basic limitation expired on 31.03.2021 and, after extension by TOLA and the relevant Notification, on 30.09.2021. As no assessment was completed by that date and the AO continued proceedings thereafter, the HC declared the assessments time-barred, quashed the s.153C proceedings, and allowed the writ petition.
HC held that proceedings u/s 153C for A.Ys. 2014-15 to 2019-20 against the Petitioner are barred by limitation and therefore void. It interpreted clause (ii) of the third proviso to s.153B(1) to hold that, where the AO of the searched person and the "other person" is the same, the first limb (12 months from the end of the F.Y. of search) necessarily applies and cannot be rendered otiose. Since the search on the group of which the Petitioner is a part occurred on 21.08.2019, the basic limitation expired on 31.03.2021 and, after extension by TOLA and the relevant Notification, on 30.09.2021. As no assessment was completed by that date and the AO continued proceedings thereafter, the HC declared the assessments time-barred, quashed the s.153C proceedings, and allowed the writ petition.
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