TaxTMI 
TaxTMI 
2022 (3) TMI 537
X X X X Extracts X X X X
X X X X Extracts X X X X
.... limitation matter when such ground was not taken by the assessee before CIT(A), as per the ground raised by the department before it? 2. Whether on the facts and circumstances of the case and in law, the ld. ITAT was justified in upholding the order of the CIT (A) relying upon the amendment made in section 153B of the Income-tax Act, 1961 by Finance Act, 2016, w.e.f. 01.06.2016 while the amendment were applicable w.e.f. 01.06.2016 wheras the order u/s 153C of the Income-tax Act, 1961 was passed on 31.03.2016 i.e. much before the amendment?" The short controversy is with respect to limitation for completion of assessment in case of a person other than searched person. The assessing officer having completed the assessment on 31.03.2016,....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... year in which the last of the authorisations for search under section 132 or for requisition under section 132A was executed: [Provided further that in case of other person referred to in section 153C, the period of limitation for making the assessment or reassessment shall be the period as referred to in clause (a) or clause (b) of this sub-section or one year from the end of the financial year in which books of account or documents or assets seized or requisitioned are handed over under section 153C to the Assessing Officer having jurisdiction over such other person, whichever is later :] [Provided further that in the case where the last of the authorisations for search under section 132 or for requisition under section 132A was ex....
X X X X Extracts X X X X
X X X X Extracts X X X X
....is inserted by the Finance Act, 2006 w.e.f. 01.06.2006, the time limit for completion of assessment u/s. 153C would be twenty-one months from the end of the financial year 2012-13. Thus this time limit would be upto 31.12.2014. 4.3.2. Upon perusal of letter dated 26.09.2014, it clearly evident that ACIT, Central Circle-3, Jaipur had sent these information/documents relating to the assessee to DCIT, Circle-2, Bikaner vide this letter, which was received by the office of DCIT, Circle-2, Bikaner on 30.09.2014. 4.3.3. Thus, it is obvious that documents were received by the DCIT, Circle-2, Bikaner 30.09.2014 and therefore, the time-barring date as per second proviso to section 153B which has been emphasized above for passing order u/s. 153....
X X X X Extracts X X X X
X X X X Extracts X X X X
....first time at the appellate stage also. Coming to the interpretation of the provision contained in the Act, the Commissioner in his above quoted portion of the order has reproduced Section 153B as it stood at the relevant time. This section lays down the period of limitation for completing assessment under Section 153A. Sub-Section (1) of Section 153B starts with non-obstante clause providing that notwithstanding anything contained under Section 153, the assessing officer shall make an order of assessment or re-assessment as per the time limitation provided the said sub-section (1). Clause (b) of subsection (1) of Section 153B provides that the time limit for completing the assessment or re-assessment in respect of assessment year relevant ....