2025 (5) TMI 1719

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....KARIA For the Petitioner Through: Mr Somil Agarwal and Mr Dushyant Agrawal, Advocates. For the Respondents Through: Mr Siddhartha Sinha, Advocate. VIBHU BAKHRU, J. (ORAL) 1. The petitioner has filed the present petition, inter alia, impugning a notice dated 28.08.2024 [the impugned notice] issued under 153C of the Income Tax Act, 1961 [the Act] as well as the proceedings for re-assessm....

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....entries through generation of bogus invoices. 4. In so far as the petitioner is concerned, information allegedly found was regarding a purported transaction of Rs. 70,78,680/-, which was allegedly supported by bogus invoice. However, the said transaction pertains to the Financial Year 2014-15. Paragraph 13 of the satisfaction note is set out below: "13. Further, during the search actio....

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....8,680       TOTAL 70,78,680" 5. It is clear from the above that the information provided in the satisfaction note dated 28.08.2024 entered by the AO of the assessee could not possibly lead to the conclusion that the income of the Assessee for AY 2019-20 had escaped assessment. The pen drive found cannot be considered as containing any incriminating material pertain....

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....d thereafter proceed to place the assessee on notice under Section 153C. The power to undertake such an assessment would stand confined to those years to which the material may relate or is likely to influence. Absent any material that may either cast a doubt on the estimation of total income for a particular year or years, the AO would not be justified in invoking its powers conferred by Section ....