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2023 (4) TMI 490 - KARNATAKA HIGH COURTAssessment u/s 153A OR 153C - abatement of proceedings - proceedings commenced for scrutiny would stand abated in view of the provisions of Section 153A - whether the proceedings against the petitioner would abate will be dependent on what would be the effective date? - HELD THAT:- It is obvious from the aforesaid submissions that a prima facie opinion on abatement would be relevant for the purposes of considering the question of stay. This Court must opine that the first respondent, instead of just making a statement, while deciding on the merits of the petitioner's application for stay, should have examined the question of abatement mentioning the mentioning the necessary details, and expressed a prima facie opinion on whether the relevant date would be the date of search [10.10.2019] or the date of receipt of books of account or requisitioning the assets seized, if any in the search on 10.10.2019 -these questions must necessarily be addressed in the light of the undisputed fact that the petitioner is not just the Secretary of the aforesaid Trust but also an Assessee with his own income who has filed his returns. First respondent could justifiably prima facie opine that the provisions of Section 153C of the IT Act would apply or not and whether there would be abatement or not, he should have considered accordingly moderating the terms to be imposed while granting stay. In the absence of due consideration of these aspects by the first respondent, this Court must interfere with the impugned order and restore the proceedings for reconsideration directing the first respondent to consider the petitioner's petition for stay in the light of this Court's observations. Hence the following: ORDER - The petition is allowed in part, and the impugned order dated 17.02.2023 [Annexure-A] is quashed restoring the proceedings to the first respondent for reconsideration in the light of this Court's observation as aforesaid. The petitioner to avail opportunity of due hearing, shall appear before the first respondent, without further Notice on 27.03.2023.
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