‘Election period’ notified as ‘specified class’ where no notice required to assess the income in case of search
Income-tax (fourteenth amendment) rules, 2012 – Insertion of rule 112F
Notification No. 42/2012 [F.NO.282/22/2012-IT (Inv. V)], dated 4-10-2012
In exercise of the powers conferred by section 153A and 153C of the Income-tax Act, 1961 (43 of 1961) (hereinafter referred to as the Act), the Central Government hereby makes the following rules further to amend the Income-tax Rules, 1962, namely:-
1. (i) These rules may be called the Income-tax (14th Amendment) Rules, 2012.
(ii) They shall come into force from the 1st day of July, 2012.
2. In the Income-tax Rules, 1962, after rule 112E, the following rule shall be inserted, namely:-
“Class or Classes of cases in which the Assessing Officer shall not be required to issue notice for assessment or reassessment of the total income for six assessment years immediately preceding the assessment year.
112F. The class or classes of cases in which the Assessing Officer shall not be required to issue notice for assessing or reassessing the total income for six assessment years immediately preceding the assessment year relevant to the previous year in which search is conducted or requisition is made, shall be the cases-
(i) where, as a result of a search under sub-section (1) of section 132 of the Act or a requisition made under section 132A of the Act, a person is found to be in possession of any money, bullion, jewellery or other valuable articles or things, whether or not he is the actual owner of such money, bullion, jewellery etc.; and
(ii) where, such search is conducted or such requisition is made in the territorial area of an assembly or parliamentary constituency in respect of which a notification has been issued under section 30 read with section 56 of the Representation of the People Act, 1951 (43 of 1951), or where the assets so seized or requisitioned are connected in any manner to the ongoing election in an assembly or parliamentary constituency.
Provided that this rule shall not be applicable to cases where such search under section 132 or such requisition under section 132A has taken place after the hours of poll so notified;
Provided further that this rule shall not be applicable to cases where any assessment or reassessment has abated under the second proviso to section 153A and where any assessment or reassessment has abated under section 153C”.