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2022 (3) TMI 302 - HC - Income TaxAssessment u/s 153A - Period of limitation - HELD THAT:- This Court had directed the learned Senior Standing Counsel for the Revenue to apprise the Court with regard to the stipulated period of limitation that would be applicable for completion of the Assessment Proceedings by the A.O. concerned in respect to the show-cause notices for the relevant years issued to the petitioners as detailed hereinabove. At the time of resumption of hearing today, the learned counsel for the Revenue, upon instructions from the Department, very fairly concedes that the period of limitation for concluding the Assessment Proceedings under Section 153-A of the I.T. Act has been provided under Section 153-B which was in operation at the time of search on 24.9.2014 and not the period of limitation as substituted by the amendment with effect from 1.6.2016. It is not in dispute that as per the period of limitation operational with effect from 1.6.2003 before its amendment with effect from 1.6.2016 provided the period of limitation for completion of the block assessment years “within two years”. This stand of the Revenue squarely addresses the relief qua extension of limitation period. Jurisdiction to initiate the Assessment Proceedings by the A.O. for the relevant assessment years - We are unable to persuade ourselves to issue any direction to the Assessing officer as to how he should decide the said application prior to the completion of the Assessment Proceedings. Passing of such an order, at this stage, would amount to passing a peremptory order which would be totally beyond the scope of our jurisdiction under Article 226 of the Constitution. Needless to say, we hope that the jurisdictional issue raised by the petitioners would be addressed by the Assessing Officer concerned at the appropriate stage. Application dated 29.10.2021 seeking inspection of “records of search” and the “satisfaction note” - We find that the AO had already provided an opportunity to both the petitioners to appear before him on 16.11.2021 or 17.11.2021 (between 11 A.M. to 5 P.M.) to inspect the record and the satisfaction note.The petitioners in spite of receipt of the said intimation choose to stay away from doing the needful. Still, if the Assessing Authority in its discretion feels that one more opportunity is required to be given, nothing stops him from adopting such a recourse. However, no mandamus is warranted to be issued by us, because entertaining such requests made by the assessee including the direction to pass a speaking order during the proceedings, would result in unnecessarily delaying the proceedings. Further, putting pressure on the Assessing Authorities would invariably affect the due discharge of their duties, apart from opening of Pandora’s box, resulting in abuse of the process of the Court. It is to be acknowledged that in case any plea raised before the Assessing Authority and the said Authority fails to address their plea, the petitioners would be free to make a grievance before the Appellate Authority. We are of the opinion that no exceptional case is made out by the petitioners warranting interference under Article 226 of the Constitution at this stage of the proceedings before the Assessing Officer.
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