Gujarat HC in case of Anilukmar Gopikishan Agrawal rules that the 2015 amendment to Sec. 153C is prospective and not retrospective

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Gujarat HC in case of Anilukmar Gopikishan Agrawal rules that the 2015 amendment to Sec. 153C is prospective and not retrospective
Gujarat HC rules that the 2015 amendment to Sec. 153C is prospective and not retrospective, quashes proceedings u/s. 153C initiated based on amended provision in a bunch of cases and rules in favour of assessees; HC rules that the amended provisions of section 153C (1) of have been brought into force with
effect from 1st June, 2015, it has to be construed that such amended provisions would apply to a search initiated u/s. 132 after 31st May, 2015; Consequently, in relation to searches carried out till 31stMay 2015, HC rules “it was not permissible for the AO to assume jurisdiction under section 153C of the Act as amended with effect from 1st June, 2015.”; HC explains that though the provisions of section 153C are machinery
provisions, the amendment brings into its fold persons who are otherwise not covered by the said provisions and therefore, affects the substantive rights of such person.
Gujarat HC rules that the 2015 amendment to Sec. 153C is prospective and not retrospective, quashes proceedings u/s. 153C initiated based on amended provision in a bunch of cases and rules in favour of assessees; HC rules that the amended provisions of section 153C (1) of have been brought into force with effect from 1st June, 2015, it has to be construed that such amended provisions would apply to a search initiated u/s. 132 after 31st May, 2015; Consequently, in relation to searches carried out till 31stMay 2015, HC rules “it was not permissible for the AO to assume jurisdiction under section 153C of the Act as amended with effect from 1st June, 2015.”; HC explains that though the provisions of section 153C are machinery provisions, the amendment brings into its fold persons who are otherwise not covered by the said provisions and therefore, affects the substantive rights of such person.

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