2023 (3) TMI 928

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....the assessment under Section 144 of the Income Tax Act, 1961, (hereinafter referred to as "the Act") on the ground that the same is without jurisdiction 2. There was a search of the petitioner/ assessee's residence and office from 21.12.2019 to 23.12.2019. It was submitted that in in view of the proviso to Section 153(1) of the Act, the limitation ought to be reckoned in terms of Section 153(1) of the Act i.e., 21 months from the end of the assessment year in which the income was first assessable under Section 153 of the Act. The impugned orders of assessment was thus submitted to have been barred by limitation. 3. It was further submitted by the learned counsel for the appellant that the assessing officer is not the jurisdictiona....

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....orn statements recorded in the course of search nor any seized material have been relied upon by the Income Tax Department in the on-going reassessment proceedings and hence the request of the petitioner for such sworn statements as well as a request for personal hearing of the persons mentioned in the letter of the petitioner, cannot be acceded to. 5. It is relevant to note that till 21.12.2019, absolutely no submissions have been made on the merits of the matter and the petitioner has been only reiterating his request for documents. For the first time on 27.12.2019, even without filing a return of income pursuant to search conducted in his premises on 22.02.2019, 23.02.2019 and 24.02.2019, he puts forth an explanation for that su....

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....ted in, (2018) 3 SCC 85, wherein it was held as under: ''10. In United Bank of India v. Satyawati Tondon (2010) 8 SCC 110, the High Court had restrained Satyawati Tondon v. State of U.P., [2009 scc OnLine All 2608] further proceedings under Section 13(4) of the Act, Upon a detailed consideration of the statutory scheme under the 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, the object and purpose of the legislation, it was observed that a writ petition ought not to be entertained in view of the alternate statutory remedy available holding :(SCC pp.123 & 128, paras 43 & 55). 43. Unfortunately, th....