VidhiSangh

Supreme Court of India · 26/09/2023

COMMISSIONER OF INCOME TAX 14 versus JASJIT SINGH

[2023] 13 S.C.R. 706 · 2023 INSC 882

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Summary

The Supreme Court held that, for the third-party assessments in issue under Section 153C, receipt of the seized material by the jurisdictional Assessing Officer governed reckoning of the six-year period. The proviso was not confined to abatement of pending assessments. Relating the period back to the original search despite delayed transmission would unfairly prejudice the third party. The Revenue’s appeals were dismissed.

Issues

  1. Whether the first proviso to Section 153C(1) affected only abatement or also reckoning of the six-year assessment period.
  2. Whether that period related to the original search or receipt of material by the third party’s Assessing Officer.

Provisions considered

Held

Result

Revenue’s appeals dismissed without costs; delay in the connected petitions condoned and leave granted.

Judgment PDF: Supreme Court of India, [2023] 13 S.C.R. 706.