India - Income Tax Act 2010 - Saarc

1.687 CH. XIV - PROCEDURE FOR ASSESSMENT S. 153DOfficer is satisfied that any money, bullion, jewellery or other valuable article orthing or books of account or documents seized or requisitioned belongs orbelong to a person other than the person referred to in section 153A, then thebooks of account or documents or assets seized or requisitioned shall be handedover to the Assessing Officer having jurisdiction over such other person and thatAssessing Officer shall proceed against each such other person and issue suchother person notice and assess or reassess income of such other person inaccordance with the provisions of section 153A :]81[Provided that in case of such other person, the reference to the date ofinitiation of the search under section 132 or making of requisition under section132A in the second proviso to 82 [sub-section (1) of] section 153A shall beconstrued as reference to the date of receiving the books of account ordocuments or assets seized or requisitioned by the Assessing Officer havingjurisdiction over such other person.]83[(2) Where books of account or documents or assets seized or requisitioned asreferred to in sub-section (1) has or have been received by the Assessing Officerhaving jurisdiction over such other person after the due date for furnishing thereturn of income for the assessment year relevant to the previous year in whichsearch is conducted under section 132 or requisition is made under section 132Aand in respect of such assessment year—(a) no return of income has been furnished by such other person and nonotice under sub-section (1) of section 142 has been issued to him, or(b) a return of income has been furnished by such other person but nonotice under sub-section (2) of section 143 has been served andlimitation of serving the notice under sub-section (2) of section 143has expired, or(c) assessment or reassessment, if any, has been made,before the date of receiving the books of account or documents or assets seizedor requisitioned by the Assessing Officer having jurisdiction over such otherperson, such Assessing Officer shall issue the notice and assess or reassess totalincome of such other person of such assessment year in the manner provided insection 153A.]84[Prior approval necessary for assessment in cases of search or requisition.153D. No order of assessment or reassessment shall be passed by an AssessingOfficer below the rank of Joint Commissioner in respect of each assessmentyear referred to in clause (b) of 85 [sub-section (1) of] section 153A or theassessment year referred to in clause (b) of sub-section (1) of section 153B, exceptwith the prior approval of the Joint Commissioner.]81. Inserted by the Finance Act, 2005, w.r.e.f. 1-6-2003.82. Inserted by the Finance Act, 2008, w.r.e.f. 1-6-2003.83. Inserted by the Finance Act, 2005, w.r.e.f. 1-6-2003.84. Inserted by the Finance Act, 2007, w.e.f. 1-6-2007.85. Inserted by the Finance Act, 2008, w.r.e.f. 1-6-2007.