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2023 (3) TMI 1488 - DELHI HIGH COURTNotices issued u/s 153C - Reliance on incriminating material found in the search and survey action carried against entities and private individuals - petitioner’s objections are pending consideration with respondent no. 1 - as argued satisfaction note was furnished after the writ petitions were filed, and, therefore, it does not form a part of the record presently made available - HELD THAT:- The concerned officer of the respondents/revenue will dispose of the objections dated 24.03.2023 submitted by the petitioner. The concerned officer will also grant a hearing to the petitioner and/or to his authorized representative and shall issue a notice, in this behalf, which will set forth the date and time of the hearing. Likewise, insofar as the satisfaction note concerning AY 2020-21 is concerned, the petitioner will file his objections within two (2) weeks commencing from today. The concerned officer will, thereafter, fix a date and time for according hearing vis-à-vis the said satisfaction note. Needless to state, with respect to the objections dated 24.03.2023 and the satisfaction note concerning AY 2020-21, the concerned officer will pass a speaking order; copies of which will be furnished to the petitioner. As before the concerned officer proceeds further in the matter, he will furnish all the material, if not already furnished, to the petitioner. It is made clear that that no precipitate action will be taken against the petitioner till six (6) weeks from the date of the passing of the order have elapsed. In case an order is passed which is adverse to the interest of the petitioner, the petitioner will have the liberty to take recourse to an appropriate remedy, as per law. Mr Tankha, on instructions, says that no objection will be taken by the petitioner, with regard to the fact the limitation qua the reassessment proceedings initiated pursuant to the impugned Section 153C notices expired on 21/22.04.2023. In case proceedings against the petitioner are not dropped, the respondents/revenue will have liberty to pass an assessment order within eight (8) weeks, after the period of six (6) weeks expires from the date of disposal of objections preferred by the petitioner.
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