JIJO GEORGE ,ERNAKULAM, KERALA vs. DCIT CENTRAL CIRCLE (2), KOCHI, ERNAKULAM, KERALA

We note at the outset that all the impugned assessments before us are pertain to “unabated” assessment years, inter alia, in light of the fact(s) that the relevant search herein is dated 14.03.2018, followed by the jurisdictional Assessing Officer’s satisfaction dated 04.02.2021, culminating in the impugned addition(s) made in the taxpayer’s hands, not based on any seized material as per CIT vs. Abhisar Buildwell P. Ltd., [2023] 454 ITR 212 (SC). We wish to make it clear that the relevant date of search in a third person’s case has to be u/sec.153C(1) 1st proviso which proves that we are in “unabated” assessment year(s) only going by the Assessing Officer’s satisfaction in the year 2021 (supra). We order accordingly and quash all the four sec.153C assessments in very terms.