Navigating Legal Complexities - Assessment in case of third parties post search and seizure - The period for which the assessee requires to file the return.
15 January, 2024
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Interpretation of Section 153C limits third party assessment timelines to when seized materials reach the Assessing Officer. The Supreme Court held that, for third parties found via search and seizure, the period for which returns must be filed is measured from the date seized ... Summary
Interpretation of Section 153C limits third party assessment timelines to when seized materials reach the Assessing Officer.
The Supreme Court held that, for third parties found via search and seizure, the period for which returns must be filed is measured from the date seized materials are forwarded to the relevant Assessing Officer rather than from the date of the original search. The Court read Sections 153A and 153C to avoid unduly prejudicing uninvolved third parties and to prevent excessive record-retention and procedural burden, endorsing a fair, plain-language construction aligned with legislative intent.
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