TaxTMI 
TaxTMI 
2019 (7) TMI 187
X X X X Extracts X X X X
X X X X Extracts X X X X
....y be pleased to issue a writ of certiorari or a writ in the nature of certiorari or any other appropriate writ, order or direction for quashing and setting aside the impugned notices dated 3.8.2018 u/s 153C of the Income Tax Act, 1961 at Annexure - 'B' and the order dated 10.12.2018 disposing off the objections at Annexure- 'H'. (B) Pending admission, hearing, and disposal of this petition, ad-interim relief be granted and the Respondent be ordered to restrain from enforcing compliance of the impugned notices dated 3.8.2018 at Annexure 'B' and/or taking any other steps in this regard including ex parte order or implementation of Preliminary order dated 10.12.2018 at Annexure 'H'. (C) Award the cost of t....
X X X X Extracts X X X X
X X X X Extracts X X X X
....Taxes has issued Circular No.24 of 2015 dated 31.12.2015 stating that several High Courts held that the provisions of section 153C of the Act are substantially similar / pari materia to the provisions of section 158BC of the Act and therefore, the guidelines of the Supreme Court in Calcutta Knitwears's case (supra) apply to proceedings under section 153C of the Act for the purposes of assessment of income of the person other than the searched person. It was submitted that in this case there is a delay of 15 months from the date when the assessment proceedings have been completed under section 153A of the Act of the searched person, and therefore, the initiation of proceedings under section 153C of the Act is contrary to the CBDT Circular. ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ote to precede the notice and hence, the issuance of notice under section 153C of the Act, without recording satisfaction by the Assessing Officer of the petitioner, is invalid. It was further submitted that the Assessing Officer has not independently recorded satisfaction and that the satisfaction note is a reproduction of the satisfaction recorded by the Assessing Officer of the searched person. 5. Lastly, it was submitted that in this case the search took place on 04.12.2014 and the Assessing Officer has recorded satisfaction that the material found during the course of search pertains to the petitioner. It was submitted that the search, having been carried out prior to the amendment in section 153C of the Act, the proceedings under s....
X X X X Extracts X X X X
X X X X Extracts X X X X
....s were maintainable. With regard to the second question, the Court took the view that the Legislature has specifically made the amended provisions of Section 153C of the Act applicable with prospective effect from 01.06.2015. The Court held that if such amended provisions are not made applicable to the searches carried out prior to 01.06.2015, they would affect the substantive rights of the persons who are brought within the ambit of Section 153C of the Act by virtue of such amendment. So far as the third question is concerned with regard to the limitation, the Court took the view that when the statute itself provides for an alternative period of limitation, merely because the period of limitation is provided under the first part has elapse....
X X X X Extracts X X X X
X X X X Extracts X X X X
....vely, the previous year in which such search is conducted or requisition made is 2014-15 and the assessment year relevant to such previous year would be 2015-16 and therefore, the six assessment years preceding 2015-16 would be 2014-15, 2013-14, 2012-13, 2011-12, 2010- 11 and 2009-10. Therefore, in case any notices under section 153C of the Act which have been issued for assessment years beyond the six assessment years referred to hereinabove, such notices would be beyond jurisdiction as the same do not fall within the six assessment years as contemplated under section 153A of the Act." 6. Ultimately, the final order which came to be passed by the Court reads as under: "In the light of the above discussion, the petitions succeed, and a....