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Time-Barred Section 153C Assessment Struck Down for Non-Searched Person

Case Law Details

TaxGuru Citation
2025 taxguru.in 12790
Case Name
Quadra Infratel Synergies Pvt. Ltd. Vs ACIT (ITAT Delhi)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2014-15
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Quadra Infratel Synergies Pvt. Ltd. Vs ACIT (ITAT Delhi)

153C limitation counted from date of handover, not original search; ITAT Delhi quashes assessment as time-barred

Delhi  Tribunal allowed Assessee’s appeal &  quashed assessment u/s 153C as barred by limitation. Tribunal noted that search was conducted on a third party (A-Tek Enterprises) on 28-06-2018, but seized material was handed over to AO of Assessee only on 26-10-2021, &  satisfaction u/s 153C was recorded on 24-01-2022. Following binding law laid down by SC in CIT vs Jasjit Singh &  Delhi HC in PCIT vs Ojjus Medicare Ltd., Tribunal held that for a non-searched person, year of handover of seized material is to be treated as year of search for computing limitation. Accordingly, six-year block would run from AY 2022-23 to AY 2016-17, rendering AY 2014-15 outside permissible period. Since jurisdiction itself failed, assessment framed u/s 153C r.w.s. 143(3) was held null & void. Tribunal therefore quashed assessment on legal ground, leaving all issues on merits (including additions u/s 69A/69C) open & unadjudicated. Appeal was allowed

FULL TEXT OF THE ORDER OF ITAT DELHI

This appeal filed by the assessee is preferred against the order of the Commissioner of Income Tax (Appeals), Delhi – 110023 [herein after referred as “CIT(A)”] dated 29.06.2024 for A.Y. 2014-15.

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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 7,019

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