2024 (11) TMI 1465

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....sel with Mr. Vaibhav Gupta, Standing Counsel ORDER SANJEEV PRAKASH SHARMA, J.(ORAL) 1. The petitioner by way of present petitions assails the notices dated 30.03.2024 issued to him under section 153C of the Income Tax Act, 1961 ('the Act') and the notices dated 23.08.2024 under section 142(1) of the Act on the ground that the same have been issued without jurisdiction. 2. Learned counsel for the petitioner submits that a search under section 132(1) of the Act was conducted on 28.01.2021 and the assessment proceedings were completed under section 158BC (now section 153A) of the Act against the searched person, and after more than one year, the proceedings have been initiated against the petitioner on 30.03.2024 by issuing notices....

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....2024 respectively which fall beyond the period of six years, and therefore the proceedings ought not be allowed to be continued. He relies on judgment passed by the Supreme Court in the case of Commissioner of Income-tax vs. Jasjit Singh (2023) 458 ITR 43 (SC). 7. With regard to the aforesaid two objections, we have examined the case of the petitioner in CWP-25294-2024 and find that the petitioner had submitted an objection relating to the notice under section 153C of the Act before the concerned Assessing Officer (AO) wherein he has taken the objection relating to delay in issuance of notice under section 153C of the Act, and of satisfaction note being prepared after a period of one year. The other objection relating to the period of li....

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.... certain time should be allowed to be granted to the authorities too, and it cannot be a mechanical process. 9. In view thereto, we do not agree that there is any delay in preparing the satisfaction note and proceeding further against the petitioner. 10. The other argument raised by learned counsel for the petitioner with regard to the 1st proviso to section 153C of the Act relating to the period of six years is concerned, we find that 1st proviso to section 153C reads as under: "Provided that in case of such other person, the reference to the date of initiation of the search under section 132 or making of requisition under section 132A in the second proviso to sub-section (1) of section 153A shall be construed as reference t....