2022 (5) TMI 58

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....osing off the objections at Annexure-C to this petition. (b) Pending the admission, hearing and final disposal of this petition, to stay implementation and operation of the notices at Annexure-A to this petition and stay further proceedings for assessment for A.Y.2013-14 to A.Y.2018-19. (c) Any other and further relief deemed just and proper be granted in the interest of justice. (d) To provide for the cost of this petition." 2. The writ applicant is a Limited Liability Partnership. It appears from the materials on record that a search action under Section 132 of the Income Tax Act, 1961 (for short "the Act, 1961") was carried out on 01.02.2019 in the cases of Riddhi Siddhi Group of Companies. In the search car....

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....Commissioner of Income Tax (OSD). In clause (6), the following has been stated; "6. Mechanical Satisfaction Note without application of mind is invalid 6.1 The satisfaction note 13.01.2021 has been recorded for combined period of AY 2013-14 to AY 2018-19 with a view to cover the maximum possible time period as permitted u/s.153C of the Act. 6.2 It is humbly submitted that the our LLP was incorporated on 30.05.2016 and thus was not in existence for AY 2013-14 to AY 2016-17, yet the AO has recorded satisfaction for such years. 6.3 This fact proves that the satisfaction has been recorded in mechanical manner and without verifying the information." 6. Mr. Soparkar pointed out that the aforesaid objection o....

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.... case of the assessee. The same is amply clear from the plain reading of the satisfaction note. Further, in respect of initiating proceedings for A.Y.2013-14 to A.Y.2018-19, it is stated by the assessee that the LLP was incorporated on 30.05.2016 and hence there was no existence of the LLP duly for A.Y.2013-14 to A.Y.2016-17. In this connection, it is stated that the contention of the assessee will be considered while passing assessment order u/s.143(3) r.w.s. 153C & 153A for the A.Y.2013-14 to A.Y. 2016-17. Therefore, contention of the assessee is not acceptable and the objection that the satisfaction has been drawn mechanically is baseless and devoid of any merit." 7. In the last, Mr. Soparkar pointed out something important. ....