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        News and Press Release

        Assessment of income of a person other than the person who has been searched - THE FINANCE (No. 2) BILL, 2014

        July 13, 2014

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        Assessment of income of a person other than the person who has been searched

             Section 153C of the Act relates to assessment of income of any other person. The existing provisions contained in sub-section (1) of the said section 153C provide that notwithstanding anything contained in section 139, section 147, section 148, section 149, section 151 and section 153, where the Assessing Officer is satisfied that any money, bullion, jewellery or other valuable article or thing or books of account or documents seized or requisitioned belong to any person, other than the person referred to in section 153A, then the books of account or documents or assets seized or requisitioned shall be handed over to the Assessing Officer having jurisdiction over such other person and that Assessing Officer shall proceed against each such other person and issue such other person notice and assess or reassess income of such other person in accordance with the provisions of section 153A.

             It is proposed to amend section 153C of the Act to provide that notwithstanding anything contained in section 139, section 147, section 148, section 149, section 151 and section 153, where the Assessing Officer is satisfied that any money, bullion, jewellery or other valuable article or thing or books of account or documents seized or requisitioned belongs or belong to any person, other than the person referred to in section 153A, then books of account or documents or assets seized or requisitioned shall be handed over to the Assessing Officer having jurisdiction over such other person and that Assessing Officer shall proceed against each such other person and issue such other person notice and assess or reassess income of such other person in accordance with the provisions of section 153A if he is satisfied that the books of account or documents or assets seized or requisitioned have a bearing on the determination of the total income of such other person for the relevant assessment year or years referred to in sub-section (1) of section 153A .

             The amendment will take effect from 1st October, 2014.

        [Clause 53]

        Assessment of third-party income: transfer of seized records to another assessing officer if they bear on that person's income. Amendment provides that where an assessing officer is satisfied seized money, bullion, jewellery, other valuable articles, books of account or documents belong to a person other than the searched person, those items shall be handed to the assessing officer having jurisdiction over that other person, who may issue notice and assess or reassess that person under the search-assessment procedure if satisfied the seized books, documents or assets bear on the determination of that person's total income for the relevant assessment year(s).
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                          Provisions expressly mentioned in the judgment/order text.

                              Assessment of third-party income: transfer of seized records to another assessing officer if they bear on that person's income.

                              Amendment provides that where an assessing officer is satisfied seized money, bullion, jewellery, other valuable articles, books of account or documents belong to a person other than the searched person, those items shall be handed to the assessing officer having jurisdiction over that other person, who may issue notice and assess or reassess that person under the search-assessment procedure if satisfied the seized books, documents or assets bear on the determination of that person's total income for the relevant assessment year(s).





                              Note: It is a system-generated summary and is for quick reference only.

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                              ActsIncome Tax
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