DCIT Vs Basheshar Dayal HUF (ITAT Delhi)
153C Time-Bar Strikes Again — SLP Pending Can’t Stretch Limitation Beyond Six Years
Delhi ITAT dismissed Revenue’s batch appeals in group cases of Basheshar Dayal, Ankur Gupta (HUF) & Anisha Gupta, holding that assessments framed u/s 153C beyond six AYs were barred by limitation. Tribunal upheld CIT(A)’s view that the six-year block has to be reckoned with reference to the AY in which the satisfaction note was recorded / seized material was handed over to AO of non-searched person, and not otherwise. Since satisfaction note dated 10-05-2022 reflected escaped income below ₹50 lakh, the extended ten-year window was not available. Revenue’s argument that reliance on PCIT vs Ojjus Medicare Pvt Ltd was improper merely because SLP is pending was rejected. Consequently, AY 2014-15 fell outside permissible six AYs, rendering the impugned 153C assessments unsustainable. All Revenue appeals were dismissed
FULL TEXT OF THE ORDER OF ITAT DELHI
1. The above captioned appeals are filed by Revenue i.e., DCIT, CC-28, New Delhi, u/s 253(2) of the Income Tax Act, 1961 (hereinafter referred to as, “Act”) before the Tribunal.
2. Since all the appeals arise on account of the same search and seizure action in the group cases and facts as well as the issues are common in all the appeals, the same are heard together and disposed of by this common order.
