TaxTMI 
TaxTMI 
2023 (3) TMI 925
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....ring the course of search and seizure conducted in VV group concerns on 25.10.2018 incriminating materials relating to the petitioner /company was seized from the residence of one Mr. Kannan, cook to Shri. S.Vaikundarajan's family. On the basis of the materials so seized it was found that there were details of unaccounted cash receipts generated by the Petitioner Company to the tune of Rs. 22 Lakhs for the Assessment Year 2017-18. 2.2. Consequent to the above search and seizure, assessment proceedings were initiated by issuing notices under Section 153C of the Act on 11.03.2021 to the petitioner/ company requiring it to file its return of income. The notice was served on the same day through E-mail registered in the Income Tax Portal. However, the petitioner did not respond to the above notice. 2.3. Thereafter, a notice under Section 142(1) of the Act was sent to the assessee to furnish copy of the return of income filed in response to notice under Section 153C of the Act. A notice under Section 142 (1) of the Act was issued on 02.04.2021 along with a questionnaire calling for assessee's explanation/ objections. The said notice was served on the same day through E-mail. The p....
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....ncerns. 4. These orders of assessments are the subject matter of challenge in this batch of Writ Petitions as stated above. 5. The primary grounds on which the orders of assessments for the assessment years 2013-14, 2014-15, 2015-16, 2017-18 and 2018-19 have been challenged are as under: a. That the impugned orders of assessment have been issued invoking section 153C of the Income Tax Act, 1961 (herein after referred to as "Act") instead of Section 153A of the Act. b. That the procedure prescribed under Section 127 of the Act has not been complied with and consequently all further proceedings are void-abinitio. c. That the notices had not been served in the manner contemplated under the Income Tax Act. 6. To the contrary, it was submitted by the learned counsel for the Respondent that the Writ Petitions are not maintainable in view of availability of an alternate /statutory appellate remedy under Section 246A of the Income Tax Act. In this regard, reliance was placed on the judgement of the Hon'ble Supreme Court in the case of"CIT vs. Chhabil Dass Agarwal 2014 (1) SCC 603". The Respondent submits that the search under Section 132 of the Act w....
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....fferent from that of the petitioner viz., VV Group concerns. A bare perusal of the impugned orders of assessment would reveal that the assessments have been made on the basis of incriminating materials/documents allegedly seized pursuant to a search of the premises of VV Group of concerns an entity different/ distinct from the premises of the petitioner. If so, the question as to whether the assessments are made on the basis of the search pursuant to a warrant issued in the name of the petitioner or on the basis of a search pursuant to a warrant issued in the name of any other entity is essentially a question of fact. iii. With regard to the submission that the petitioner was not served with notices the averments contained in the affidavit filed in support of the Writ Petition proceeds on the basis that notices ought to be served on the individual/ person representing the petitioner/ company in the affidavit. The above submission is misconceived inasmuch as the Writ Petitioner/Assessee is a company incorporated under the Companies Act and is just a juristic person and thus the averments which are completely personal and which are on the basis of alleged family disputes can....
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....g that alternate remedy though a rule of discretion and not a rule of compulsion, has to be applied with utmost rigour when it comes to fiscal law statutes and this Court is not inclined to entertain these writ petitions. Therefore these Writ Petitions stands dismissed. It is made clear that any observations on merits is only for the limited purpose of examining the maintainability of writ petition and the Appellate Authority shall proceed to hear and dispose of the appeal, if any, filed uninfluenced / un obsessed by the observation / finding made by this Court. It is also made clear that the time spent in these writ petitions shall stand excluded while reckoning limitation, if any. Consequently, connected miscellaneous petitions are closed. No costs. ============= Document 1 '10. In Satyawati Tondon the High Court had restrained further proceedings under Section 13(4) of the Act. Upon a detailed consideration of the statutory scheme under tine SARFAESI Act, the availability of remedy to the aggrieved under Section 17 before the Tribunal and the appellate remedy under Section 18 before the Appellate Tribunal, title object and purpose of the legislation, it was o....