SOUTHERN AGRIFURANE INDUSTRIES PVT. LTD.,CHENNAI vs. ACIT, CENTRAL CIRCLE-2(2),, CHENNAI

In the result, both the both the appeals filed by the Revenue and the Revenue and the

Bench: Shri Aby T. Varkey & Shri Amitabh Shukla

Section 153A(1)(b) states that the assessing officer shall assess or Section 153A(1)(b) states that the assessing officer shall assess or Section 153A(1)(b) states that the assessing officer shall assess or reassess the total income of six years immediately preceding the reassess the total income of six years immediately preceding the reassess the total income

DCIT CC 2 2 , CHENNAI, CHENNAI vs. SOUTHERN AGRIFURANE INDUSTRIES PVT LTD, CHENNAI

In the result, both the appeals filed by the Revenue and the\nassessee are dismissed

1). A reassessment action would thus have to not only satisfy the\ntime frames constructed in terms of Section 149, but in a relevant case\nand which is concerned with a search, also those which would be\napplicable by virtue of the provisions of Section 153A and 153C.\n10. Undisputedly, and if the validity of the reassessment were

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2 (2), CHENNAI, CHENNAI vs. SOUTHERN AGRIFURANE INDUSTRIES PVT LTD, CHENNAI

1). A reassessment action would thus have to not only satisfy the\ntime frames constructed in terms of Section 149, but in a relevant case\nand which is concerned with a search, also those which would be\napplicable by virtue of the provisions of Section 153A and 153C.\n10. Undisputedly, and if the validity of the reassessment were

DCIT CC 2 2 , CHENNAI, CHENNAI vs. SOUTHERN AGRIFURANE INDUSTRIES PVT LTD, CHENNAI

In the result, both the appeals filed by the Revenue and the\nassessee are dismissed

1). A reassessment action would thus have to not only satisfy the\ntime frames constructed in terms of Section 149, but in a relevant case\nand which is concerned with a search, also those which would be\napplicable by virtue of the provisions of Section 153A and 153C.\n10. Undisputedly, and if the validity of the reassessment were

SOUTHERN AGRIFURANE INDUSTRIES PVT. LTD.,CHENNAI vs. ACIT, CENTRAL CIRCLE-2(2),, CHENNAI

In the result, both the appeals filed by the Revenue and the\nassessee are dismissed

1). A reassessment action would thus have to not only satisfy the\ntime frames constructed in terms of Section 149, but in a relevant case\nand which is concerned with a search, also those which would be\napplicable by virtue of the provisions of Section 153A and 153C.\n10. Undisputedly, and if the validity of the reassessment were

SOUTHERN AGRIFURANE INDUSTRIES PVT.. LTD.,CHENNAI vs. ACIT, CENTRAL CIRCLE-2(2), CHENNAI

In the result, both the appeals filed by the Revenue and the\nassessee are dismissed

1). A reassessment action would thus have to not only satisfy the\ntime frames constructed in terms of Section 149, but in a relevant case\nand which is concerned with a search, also those which would be\napplicable by virtue of the provisions of Section 153A and 153C.\n10. Undisputedly, and if the validity of the reassessment were

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2(2), CHENNAI, CHENNAI vs. ETHIRAJULU VAJRAVEL KUMARAN, TIRUVANNAMALAI,

reassessment provisions.\nHowever, the provisions that are saved are those under Section 153B and\n153C, so that these three Sections 153A, 153B and 153C are intended to\nbe a complete code for post- search assessments. Considering that the\nnon-obstante clause under Section 153A excludes the application of, inter\nalia, Section 139, it is clear that the revised return filed

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2(2), CHENNAI, CHENNAI vs. ETHIRAJULU VAJRAVEL KUMARAN, THIRUVANNAMALAI

In the result, all the six appeals of the Revenue are\ndismissed

reassessment provisions.\nHowever, the provisions that are saved are those under Section 153B and\n153C, so that these three Sections 153A, 153B and 153C are intended to\nbe a complete code for post- search assessments. Considering that the\nnon-obstante clause under Section 153A excludes the application of, inter\nalia, Section 139, it is clear that the revised return filed

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2(2), CHENNAI, CHENNAI vs. ETHIRAJULU VAJRAVEL KUMARAN, THIRUVANNAMALAI

reassessment provisions.\nHowever, the provisions that are saved are those under Section 153B and\n153C, so that these three Sections 153A, 153B and 153C are intended to\nbe a complete code for post- search assessments. Considering that the\nnon-obstante clause under Section 153A excludes the application of, inter\nalia, Section 139, it is clear that the revised return filed

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2(2), CHENNAI, CHENNAI vs. ETHIRAJULU VAJRAVEL KUMARAN, TIRUVANNAMALAI

reassessment provisions.\nHowever, the provisions that are saved are those under Section 153B and\n153C, so that these three Sections 153A, 153B and 153C are intended to\nbe a complete code for post- search assessments. Considering that the\nnon-obstante clause under Section 153A excludes the application of, inter\nalia, Section 139, it is clear that the revised return filed

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2(2), CHENNAI, CHENNAI vs. ETHIRAJULU VAJRAVEL KUMARAN, CHENNAI

In the result, all the six appeals of the Revenue are\ndismissed

reassessment provisions.\nHowever, the provisions that are saved are those under Section 153B and\n153C, so that these three Sections 153A, 153B and 153C are intended to\nbe a complete code for post- search assessments. Considering that the\nnon-obstante clause under Section 153A excludes the application of, inter\nalia, Section 139, it is clear that the revised return filed

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2(2), CHENNAI, CHENNAI vs. ETHIRAJULU VAJRAVEL KUMARAN, TIRUVANNAMALAI

In the result, all the six appeals of the Revenue are\ndismissed

reassessment provisions.\nHowever, the provisions that are saved are those under Section 153B and\n153C, so that these three Sections 153A, 153B and 153C are intended to\nbe a complete code for post- search assessments. Considering that the\nnon-obstante clause under Section 153A excludes the application of, inter\nalia, Section 139, it is clear that the revised return filed

JESUDASON BIJI ,CHENNAI vs. OFFICE OF INCOME TAX OFFICER INT. TAXN WARD1(1), CHENNAI

In the result, appeal filed by the assessee is allowed

Bench: Shri Aby T. Varkey & Shri S.R.Raghunatha

149. (1) No notice under section 148 shall be issued for the relevant assessment year,— (a) if four years have elapsed from the end of the relevant assessment year, unless the case falls under clause (b) or clause (c); ITA No.567 /Chny/2024 for AY 2014-15 & SP No.24/Chny/2024 for AY 2014-15 Shri Jesudason Biji :: 10 :: (b) if four years

DEPUTY COMMISSIONER OF INCOME TAX, NUMGAMBAKKAM vs. JSR INFRA DEVELOPERS PRIVATE LIMITED, CHENNAI

In the result, the appeal of the Revenue is dismissed

Bench: Shri Aby T. Varkey & Shri Jagadish

149, 151 and 153. 8.2 Having noticed the above, we may also refer t 8.2 Having noticed the above, we may also refer to the second and the third o the second and the third proviso to section 153A(1). For the sake of convenience, the second and third proviso to section 153A(1). For the sake of convenience

LATE ABDULLAH ABDULMAJEED, REP. BY L/H,PUDUKKOTTAI vs. ITO, WARD-1,, PUDUKKOTTAI

In the result, appeal filed by the assessee is partly allowed

c) ****\nExplanation.—In determining income chargeable to tax which has\nescaped assessment for the purposes of this sub-section, the\nprovisions of Explanation 2 of section 147 shall apply as they apply\nfor the purposes of that section.\n:: 20 ::\n(2) & (3) ****\n8. The time limit for issue of notice under section 148 of the Act was\nrevised with

DCIT CC 2 2 , CHENNAI, CHENNAI vs. SOUTHERN AGRIFURANE INDUSTRIES PVT LTD, CHENNAI

In the result, both the both the appeals filed by the Revenue and the Revenue and the

Bench: Shri Aby T. Varkey & Shri Amitabh Shukla

Section 153C of the Act fro analyzed the entire statutory framework of Section 153C of the Act fro analyzed the entire statutory framework of Section 153C of the Act from its introduction to the amendment by Finance Act, 2017 and its its introduction to the amendment by Finance Act, 2017 and its its introduction to the amendment by Finance

SOUTHERN AGRIFURANE INDUSTRIES PVT. LTD.,CHENNAI vs. ACIT, CENTRAL CIRCLE-2(2),, CHENNAI

In the result, both the both the appeals filed by the Revenue and the Revenue and the

Bench: Shri Aby T. Varkey & Shri Amitabh Shukla

Section 153C of the Act fro analyzed the entire statutory framework of Section 153C of the Act fro analyzed the entire statutory framework of Section 153C of the Act from its introduction to the amendment by Finance Act, 2017 and its its introduction to the amendment by Finance Act, 2017 and its its introduction to the amendment by Finance

KRISHNAMOORTHY HARIOBHASKAR,TIRUPPUR vs. ITO, WARD-2(1), TIRUPPUR

In the result, appeal filed by the assessee is allowed

Bench: Shri Aby T. Varkey & Shri Manoj Kumar Aggarwalआयकर अपील सं./Ita No.1506/Chny/2023 िनधा"रण वष"/Assessment Year: 2013-14 V. Shri Krishnamoorthy Haribhaskar, The Income Tax Officer, 35/11, Poochakkadu, 2Nd Street, Ward-2(1), Mangalam Road, Tirupur-641 604. Tirupur. [Pan: Abkph 9735 L] (अपीलाथ"/Appellant) (""यथ"/Respondent)

c) During hearing before the Hon'ble Tribunal, the Learned Counsel for the assessee argued that notice issued under Section 148 was time-barred as per the new provisions of section 148. The Counsel also referred to case laws of Rajeev Bansal vs. Union of India of High Court of Allahabad (453 ITR 153) and Rasikbhai Dhaiyabha Chauhan v. ACIT