TaxTMI 
TaxTMI 
TaxTMI 
2025 (8) TMI 546
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....sessment Year 2012-13. As a consequence, the Petitioners also challenges the Notice dated 25th March, 2023 issued under Section 143(2) by Respondent No. 4 and the Notice dated 5th December, 2023 issued under Section 142(1) by Respondent No. 3. 3. The short ground on which the Notice under Section 153C is challenged is that during the course of search proceedings conducted on 18th October, 2019 on the Alankit Group, certain materials/ documents relating to the Petitioner herein were found. The transactions entered into by various beneficiaries, against unaccounted cash or otherwise to take accommodation entries, were tabulated in the satisfaction note. This satisfaction note in relation to the Petitioner pertains to Financial Years 2009-10,....
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....der:- "18) The ITAT permitted this additional ground by giving a reason that it was a jurisdictional issue taken up on the basis of facts already on the record and, therefore, could be raised. In this behalf, it was noted by the ITAT that as per the provisions of Section 153C of the Act, Incriminating material which was seized had to pertain to the Assessment Years in question and it is an undisputed fact that the documents which were seized did not establish any co-relation, document-wise, with these four Assessment Years. Since this requirement under Section 153C of the Act is essential for assessment under that provision, It becomes a jurisdictional fact. We find this reasoning to be logical and valid, having regard to the provisions o....
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....e articles or thing or books of accounts of documents seized or requisitioned should belong to a person other than the person referred to in Section 153A of the Act. This proposition of law laid down by the High Court is correct, which is stated by the Bombay High Court in the impugned judgment as well. The judgment of the Gujarat High Court in the said case went in favour of the Revenue when it was found on facts that the documents seized, in fact, pertain to third party, i.e. the assessee, and, therefore, the said condition precedent for taking action under Section 153C of the Act had been satisfied. ***** 22) We now advert to the implication of the fact which has been emphasised in para 15. As pointed out in the said para, the asses....
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....come thereof. Wherever any such proceedings are pending, same would be considered without being affected by the outcome of these proceedings." (emphasis supplied) 7. This decision of the Hon'ble Supreme Court was thereafter followed by a Division Bench of the Delhi High Court in the case of Saksham Commodities Ltd. ([2024 (4) TMI 461-Delhi High Court] : [2024]464 ITR 1) The Delhi High Court also, after considering the law on subject, came to the conclusion that the Notice under Section 153C could be issued only in respect of the Assessment Years for which the incriminating material had been gathered or obtained. Paragraph 69 of the Delhi High Court decision reads thus:- "69. When tested in light of the aforesaid principles, we find t....
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.... Hon'ble Court be pleased to issue a writ of Certiorari or a writ in the nature of Certiorari or any other appropriate writ under Article 226 of the Constitution of India, calling for records pertaining to the impugned notice issued by the Respondent No.2 u/s 153C of the Act dated 01.11.2022 for the AY 2012-13 (being Exhibit 'B' hereto) and after going into the validity and Legality thereof to quash and set aside the same. (b) that this Hon'ble Court be pleased to issue a writ of Certiorari or a writ in the nature of Certiorari or any other appropriate writ under Article 226 of the Constitution of India, calling for records pertaining to the impugned notice issued by the Respondent No.3 u/s 142/1 of the Act dated 05.12.20....