Court quashes notices under Section 153C, grants stay on proceedings

The Court granted the petitioner's request to quash the impugned notices issued under Section 153C for Assessment Years 2012-13 to 2017-18 and stayed further proceedings. The respondent was directed to address the objections raised by the petitioner within four weeks. If the decision was unfavorable, the petitioner had an additional four weeks to seek legal recourse. The petition was disposed of, and the notice was discharged, with the ad-interim relief vacated.

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Issues:
Challenge to notices under Section 153C for Assessment Years 2012-13 to 2017-18, Objections raised against initiation under Section 153C, Failure to dispose of objections by respondent, Stay of proceedings, Alternative remedy emphasized in reply.

Analysis:
The petitioner sought to quash and set aside impugned notices dated 30th September, 2019 issued under Section 153C for Assessment Years 2012-13 to 2017-18. Additionally, requested a stay on the implementation and operation of the notices pending the petition's disposal. The petitioner raised objections against the initiation under Section 153C and highlighted the respondent's failure to address these objections, leading to the present petition seeking relief.

The Court, in response to the petitioner's concerns, stayed further proceedings pursuant to the impugned notices for the mentioned assessment years. The respondent filed a detailed reply emphasizing the availability of an alternative remedy, which was a key issue highlighted in their response. During the hearing, both parties were represented by learned Senior Counsels.

Recognizing the legal requirement for the respondent to address objections raised by the petitioner, the Court granted the assessee an opportunity for a hearing. The respondent authority was directed to consider the objections within four weeks of receiving the court's order. If the decision goes against the petitioner, they were granted an additional four weeks to pursue legal recourse as per the law.

Consequently, the present petition was disposed of, and the notice was discharged. The ad-interim relief previously granted was vacated as the Court addressed the concerns raised by the petitioner regarding the initiation under Section 153C and the respondent's failure to dispose of objections in a timely manner.

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