VidhiSangh

Supreme Court of India · 06/04/2023

INCOME TAX OFFICER versus VIKRAM SUJITKUMAR BHATIA

[2023] 2 S.C.R. 756 · 2023 INSC 327

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Summary

A search of a business group in September 2013 yielded a hard disk with an excel sheet referring to third parties. After the Finance Act, 2015 substituted pertains or pertain to for belongs or belong to in Section 153C of the Income Tax Act, 1961 for books of account and documents from 1 June 2015, satisfaction notes were recorded in 2017 and notices under Section 153C issued in 2018 to those third parties. The Gujarat High Court quashed the notices, holding that the amendment brought a new class of assessees within the section, affected substantive rights and could not apply to earlier searches. The Supreme Court reversed: the amendment, made by substitution to remove the narrow reading in Pepsico India Holdings, applies to searches conducted before 1 June 2015, since the first proviso deems the relevant date to be when the other person's Assessing Officer receives the seized material.

Issues

  1. Whether the amendment to Section 153C of the Income Tax Act, 1961 by the Finance Act, 2015, substituting pertains or pertain to for belongs or belong to with effect from 1 June 2015, applies to searches conducted under Section 132 before that date.

Provisions considered

Held

Result

Appeals allowed; Gujarat High Court common judgment dated 02.04.2019 and connected judgments quashing notices under Section 153C and consequent assessment orders set aside; question of law answered in favour of the Revenue; liberty to the assessees to appeal to the Commissioner (Appeals) on other grounds within four weeks, to be decided on merits; no costs.

Judgment PDF: Supreme Court of India, [2023] 2 S.C.R. 756.