TaxTMI 
TaxTMI 
2025 (6) TMI 574
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....e petitioner [Assessee] has filed the present petition, inter alia, impugning a notice dated 31.08.2024 [impugned notice] issued under Section 148 of the Income Tax Act, 1961 [the Act] in respect of the Assessment year [AY] 2014-15. 6. The Assessee is a private limited company and is engaged in the business of construction and other related activities. The Assessee had filed its return of income on 21.10.2014 for AY 2014-15, declaring a total income of Rs. 1,32,26,910/-. 7. The return was picked up for scrutiny and the assessment proceedings culminated in an assessment order dated 29.12.2016, whereby the Assessing Officer [AO] assessed the petitioner's income at Rs. 1,81,20,540/-. 8. As per the information received from the insight porta....
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....on 153A of the Act. 11. Therefore, it is contended on behalf of the Assessee that the impugned notices and the impugned order are barred by limitation. 12. Since the satisfaction note was recorded during Financial Year [FY] 2024-25, which is relevant to the AY 2025-26, the period of ten years is required to be considered from the end of the AY 2025-26. The issue regarding the calculation of the block of ten years is covered by the decision of a Coordinate bench of this Court in Principal Commissioner of Income Tax-Central-1 v. Ojjus Medicare Pvt. Ltd. : 2024 SCC OnLine Del 2439. The relevant extracts of the said judgment is set out below: "86. In the present batch, List I pertains to writ petitions which have Satisfaction Notes recorded....
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....itute the starting point for the purposes of identifying the six years which are spoken of in Section 153C. The six AYs' are envisaged to be those which immediately precede the AY so identified with reference to the previous year of search. It would thus lead us to conclude that it would be the six AYs' immediately preceding AY 2022-23 which could have formed the basis for initiation of action under Section 153C. Consequently, and reckoned backward, the six relevant AYs' would be: - Computation of the six-year block period as provided under Section 153C of the Act No. of years AY 2021-22 1 AY 2020-21 2 AY 2019-20 3 AY 2018-19 4 AY 2017-18 5 AY 2016-17 6 Consequently, AY 2021-22 would become the first of the six preceding AY....
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.... consequently is to be reckoned from the end of the AY pertaining to the previous year in which the search was conducted as distinct from the preceding year which is spoken of in the case of the six relevant AYs'. 90. Viewed in that light, and while keeping the period of 01 April 2021 to 31 March 2022 as the constant, the relevant AY would be AY 2022-23. The ten AYs' would have to be computed from 31 March 2023 with the said date indubitably constituting the end of the AY relevant to the previous year of search. Viewed in light of the above, the block period of 10 AYs' would be as follows:- Computation of the ten-year block period as provided under Section 153C read with Section 153A of the Act No. of years AY 2022-23 1 AY 2021-22 ....