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August 2026

Search and seizure — Assessment of third person — Notice for reassessment — Meaning of period of six or ten assessment years from “relevant assessment year” for which assessment can be made — How to compute “Six years immediately preceding assessment year relevant to previous year in which search is conducted” — Ten assessment years to be reckoned from end of assessment year pertaining to previous year in which search was conducted — Distinct from preceding year spoken of in case of six relevant assessment years — Date of search falling during F. Y. 2024-25 — A. Y. 2025-26 would be first assessment year and A. Y. 2016-17 would be tenth assessment year — Notice issued for A. Y. 2015-16 falls beyond period of ten years prescribed — Notice issued for A. Y. 2015-16 barred by limitation and accordingly invalid.

By Keshav Bhujle | Ritu Punjabi, Advocates
Reading Time 6 mins

26. Jayantibhai Karamshibhai Maniya v. ITO: (2026) 488 ITR 90 (Guj): 2026 SCC OnLine Guj 2776

A. Y. 2015-16: Date of order 05/01/2026

Sections. 148, 149(1)(b), 153A(1)(b), Expln 1, and 153C of ITA 1961

Search and seizure — Assessment of third person — Notice for reassessment — Meaning of period of six or ten assessment years from “relevant assessment year” for which assessment can be made — How to compute “Six years immediately preceding assessment year relevant to previous year in which search is conducted” — Ten assessment years to be reckoned from end of assessment year pertaining to previous year in which search was conducted — Distinct from preceding year spoken of in case of six relevant assessment years — Date of search falling during F. Y. 2024-25 — A. Y. 2025-26 would be first assessment year and A. Y. 2016-17 would be tenth assessment year — Notice issued for A. Y. 2015-16 falls beyond period of ten years prescribed — Notice issued for A. Y. 2015-16 barred by limitation and accordingly invalid.

The assessee petitioner was engaged in the business of job work of diamonds during the year under consideration. The petitioner filed the return of income for the A. Y. 2015-16 on March 31, 2016 declaring

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