2024 (5) TMI 1571

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.... For the Respondents : Mr. Abhishek Maratha, SSC with Mr. Apoorv Agarwal Ms. Parth Semwal, JSCs, Ms. Nupur Sharma, Mr. Gaurav Singh & Mr. Bhanu Karan Singh Jodha, Advs. ORDER 1. These writ petitions have been preferred against the impugned notices dated 30.06.2022 issued under Section 153C of the Income Tax Act, 1961 ["Act"] for Assessment Years' ["AYs"] 2014-15 [W.P.(C) 16350/2023], 2015-16 [W.P.(C) 16351/2023], 2016-17 [W.P.(C) 16352/2023], 2017-18 [W.P.(C) 16354/2023], 2018-19 [W.P.(C) 16353/2023], 2019-20 [W.P.(C) 16349/2023], 2020-21 [W.P.(C) 16348/2023] and all consequential proceedings. 2. Bearing in mind the undisputed fact that the Satisfaction Note dated 30 June 2022 issued by the jurisdictional Assessing Officer ["AO"] ....

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.... a cascading effect and which would warrant a mechanical and inevitable assessment or reassessment for the entire block of the "relevant assessment year". 64. In our considered view, abatement of the six AYs' or the "relevant assessment year" under Section 153C would follow the formation of opinion and satisfaction being reached that the material received is likely to impact the computation of income for a particular AY or AYs' that may form part of the block of ten AYs'. Abatement would be triggered by the formation of that opinion rather than the other way around. This, in light of the discernibly distinguishable statutory regime underlying Sections 153A and 153C as explained above. While in the case of the former, a ....

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.... on the determination of the total income" that a notice under Section 153C would be issued. Abatement would thus be a necessary corollary of that notice. However, both the issuance of notice as well as abatement would have to necessarily be preceded by the satisfaction spoken of above being reached by the jurisdictional AO of the non-searched entity. 66. Therefore, and in our opinion, abatement of the six AYs' or the "relevant assessment year" would follow the formation of that opinion and satisfaction in that respect being reached. 67. On an overall consideration of the aforesaid, we come to the firm conclusion that the "incriminating material" which is spoken of would have to be identified with respect to the AY to ....