In Brief
In this appeal challenging a High Court decision, the Supreme Court held that the amended Section 153C of the Income Tax Act, 1961 (effective June 1, 2015) applies retrospectively to searches conducted under Section 132 before that date. The amendment changed the condition for assessing third parties from documents "belonging to" a non-searched person to documents "pertaining to" them—broadening the net. The Court found this was a necessary amendment to remedy a Delhi High Court judgment that had restricted the Revenue's power to assess third parties. Since the relevant date for machinery provisions is when material is received by the Assessing Officer (not the search date), and both receipt and notices here occurred after the amendment, the amended Section 153C applied. The Court rejected arguments that the amendment affects vested substantive rights, holding that no such right exists before notice is issued.
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