TaxTMI 
TaxTMI 
2026 (10) TMI 1746
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....appearing for the respondent. 2. By way of present petition, the petitioner herein has challenged the notice dated 14.03.2022 issued by the respondent under section 148A(b) of the Income Tax Act, 1961 (for short 'the Act') for the Assessment Year (for short 'A.Y.') 2018-19. The petitioner also challenges the order dated 07.04.2022 passed by the respondent under section 148A(d) of the Act as well as the notice dated 07.04.2022 issued under section 148 of the Act. 3. Briefly stated, a search under section 132 of the Act was conducted on 11.04.2017 at 42, Jain Society, Ellisbridge, Ahmedabad, which is the residential premises of the petitioner as well as his brother - Dinesh Anubhai Shah. A warrant under section 132 of the Act was also i....
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....e aforesaid has given rise to the filing of the present petition. 4. Mr. B.S. Soparkar, learned advocate appearing for the petitioner submits that the notice under section 148 of the Act could not have been issued for a search conducted prior to 01.04.2021. The respondents could have issued the notice only under section 153A/153C of the Act. It is submitted that on the aforesaid ground alone, the present petition is required to be allowed. Mr. B.S. Soparkar, learned advocate has placed reliance on the judgment of this Court dated 07.01.2026 in the case of Paras Chandreshbhai Koticha vs. Income Tax Officer Ward -1(2)(2), Special Civil Application No.17933 of 2018 and allied matters. It is submitted that the present petition may be allowed....
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....ls under clause (b); (b) if three years, but not more than ten years, have elapsed from the end of the relevant assessment year unless the Assessing Officer has in his possession books of account or other documents or evidence which reveal that the income chargeable to tax, represented in the form of- (i) an asset; (i) expenditure in respect of a transaction or in relation to an event or occasion; (iii) an entry or entries in the books of account, which has escaped assessment amounts to or is likely to amount to fifty lakh rupees or more: Provided that no notice under section 148 shall be issued at any time in a case for the relevant assessment year beginning on or before Ist day of April, 2021, ....
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....terial found during the search proceedings under section 132 of the Act is to reopen the assessment under the provision of section 153C of the Act and not under sections 147/148 of the Act on the basis of the incriminating material available to him after recording the satisfaction. It is apposite to reproduce relevant paragraph of the said decision, which reads thus: "76. We answer the issues by summarizing the observations as under: 1) It is mandatory for the Assessing Officer of a "searched person" (Section 153A of the Act) to record satisfaction on the incriminating material found during the search under Sections 132/132A of the Act and communicate the same to the jurisdictional Assessing Officer of the "other/third per....