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TMI Blog2023 (9) TMI 890X X X X Extracts X X X X X X X X Extracts X X X X ..... 8080 of 2022 W.P.Nos.20114, 20116, 20119, 20125, 20127 & 20130 of 2020 & WMP.Nos.24820, 24823, 24828, 24830, 24837, 24839, 24844, 24845, 24847, 24848, 24852 & 24853 of 2020 W.P. Nos.27154, 27157, 27168, 27166, 27181, 27160, 27184, 27186 & 27178 of 2021 and W.P. Nos.24407 of 2021 etc. batch WMP.Nos.28643, 28645, 28646, 28648, 28649, 28660, 28662, 28656, 28657, 28674, 28677, 28652, 28653, 28679, 28682, 28686, 28687, 28669 & 28672 of 2021 W.P. Nos.25826, 25830, 25832, 25835, 25840, 25843, 25845 and 27078, 27083, 27085, 27092, 27096 & 27100 of 2021 and WMP.Nos.27303, 27305, 27309, 27310, 27312, 27313, 27314, 27315, 27322, 27323, 27325, 27326, 2327, 27328 and 28543, 28548, 28545, 28553, 28555, 28566, 28567, 28569, 28572, 28560, 28561, 28574 & 28576 of 2021 THE HONOURABLE D R. JUSTICE ANITA SUMANTH For the Petitioners Mr.R.V.Easwar, Senior Counsel for Mr.M.V.Swaroop Mr.P.S.Raman, Senior Counsel for Mr.M.V.Swaroop Mr.AL.Somayaji, Senior Counsel for Mr.M.V.Swaroop For the Respondents : Mr.A.P.Srinivas, Senior Standing Counsel ORDER This common order is passed in the cases of Agni Vishnu Ventures Pvt. Ltd., Rajan Narasimulu Jayaprakash, Vishnusurya Projects and Infra Pvt. Ltd. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed before the Court reads as follows: 1. There was search in the case of M/s. Agni Estates & Foundation Pvt Ltd, a Chennai based real estate company, on 05.07.2018. The company was incorporated in the year 1992 by Shri.Rajan Jayaprakash Narasimulu, who is a Director and the main person operating Agni group of companies. During the course of search on 05.07.2018, at M/s. Agni Plots, No:30/16, Conron Smith Road, Gopalapuram, Chennal -600086, certain incriminating materials with respect to foreign companies, bank accounts, trusts associated with the Agni Group of companies/ its Managing Director-main person Shri.R.NJayaprakash were found and seized vide annexure ANN/ARS/AGP/LS/S1 to S20. These seized materials pertain to the following entities: (i) M/s.Mine infra Consultants Pte Ltd., Incorporated in Singapore (ii) M/s.Yalova Holding Ltd, incorporated in Seychelles. (iii) M/s.Yarrow Properties Inc., incorporated in British Virgin Islands (iv) M/s Bramerton Investments Pte Ltd., incorporated in Singapore (v) M/s.A.S.Coal Resources Pte Ltd., incorporated in Singapore (vi) M/s.Featherfin Partners Pte Ltd., incorporated in Singapore (vii) M/s.Soach Global Strategic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ;s subsidiary in Dubai/Jordan. Since the BVI company does not have a bank account, the Singapore company would act as its fund manager for the actual purpose of receiving and remitting funds and for this it will charge fund management fees at 5%. Query: 1. What would be the tax implication in Singapore in the case of the Singapore company in respect of the 5% fund management fees. 2. Is there any possibility of deeming the entire Income (not 5%) as income of Singapore company. (ii) Facts of the case The common understanding is that taxation in Singapore is receipt based taxation. Therefore only where an income is received in Singapore, taxation would arise in Singapore. In the case of Hongkong, however, taxation is source based. Therefore, if an Income has its source in Hongkong, no matter where it received, the income would be subjected to tax in Hong Kong." The above makes it clear that for the services rendered in India by an individual the payments are being brought through overseas entities in to the Singapore subsidiary of the individual as if they were charges received for the services rendered by overseas companies outside India, for the evasion of taxe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... formation contained in a pen drive that was seized from the premises of the Auditor on 19.03.2019. (xi) The petitioner points out that the reference to 19.03.2019 relates to a search that had been conducted in another entity forming part of the Vel's group of Institutions. A challenge is laid on the credibility of this information and whether at all it can be invoked to initiate the impugned proceedings, seeing as, in the present case, the proceedings are stated to be based on a search in Agni Foundations which took place in July, 2018. (xii) Finally, they draw attention to the statement of the Assessing Officer at paragraph 5 to the effect that the remittances made are 'suspicious' as there was no credible income-earning activities by the concerns warranting such remittances at all. (xiii) The satisfaction note refers to A.Ys 2013-14 to 2018-19, in common for all years. After an exchange of notices and responses, the impugned assessments have come to be completed on 25.09.2021 and the Writ Petitions instituted thereafter. 4. Common counters have been filed by the respondents denying all averments in the writ affidavit. They would maintain that the assessments have been made ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Assessing Officer under Section 143(3) read with Section 153 C consequent on the search in the case of Agni Estates and Foundations Pvt. Ltd. Orders of assessment state that in the course of search, certain incriminating materials had been found with respect to foreign companies, bank accounts and trusts associated with the Agni Group of companies and its Managing Director R.N.Jayaprakash. Being of the view that such materials related to the petitioner, satisfaction under Section 153C was drawn and notices issued. 11. Though the affidavit filed in support of the Writ Petition states that the conduct of search in the premises of Agni Estates and Foundation Pvt. Ltd. was itself in violation of the proper procedure set out under Rule 112(13) of the Income Tax Rules, 1962, for examination of electronic record, this argument was not really pursued in the course of hearing. 12. The contentions raised in these matters are almost identical to those advanced in the case of Agni Vishnu Ventures Pvt. Ltd. and captured in the earlier portions of this order relating to that petitioner. 13. Since the basis of proceedings under Section 153C is the satisfaction note recorded, the note is extr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d, Gopalapuram, Chennai-600086, a set of loose sheets numbering from 1 to 106 were found and seized vide annexure ANN/ARS/AGP/LS/5-9. In the said loose sheets, pages 88 to 95 were Tax consultation advice, provided by M/s.RAFFLES TAX, 120, Lower Delta Road, #10-05, Cendex Centre, Singapore 169208, addressed to Shri.R.Sundararajan, Managing Partner of M/s.Sundararajan Associates, Chartered Accountants, No:7, Vyasarpadi Gangadharan Street, Numgambakkam, Chennai 600034. M/s. Raffles is a Singapore headquartered corporate solutions provider specialising in company formation, corporate secretarial, accounting, payroll, taxation, and expansion advisory services. Shri R.Sundararajan, CA is the auditor of the M/s.Agni group. The said consultation provided by M/s. Raffles, had against the date 04.05.2011, as below: "(i) Facts of the case X Ltd, an Indian Company has utilized the services of Mr.A for a contract in India. No payment has been made to A directly for this contract. The subsidiary of X Ltd based outside India is also undertaking projects in Dubai and Jordan. X Ltd has entered into an agreement with a BVI company for the purpose of making payment to A. A owns a co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eceived by the assessee on 03.03.2011 and 05.02.2011 (AY:2011-12). The pendrive also contained an entry dated 07.01.2014 for the receipt of US$ 1,32,250, that is Rs.59,05,666/- (AY:2014-15). These receipts have not been admitted in the returns of income filed by the assessee for these years. 5. There is no credible income earning activities by the overseas concerns associated/floated by the Shri.R.N.Jayaprakash and for the receipt of foreign remittances into his companies promoted in India, including M/s.Vishnu Surya Logistics Pvt Ltd. The remittances into M/s. Vishnu Surya Logistics Pvt Ltd are suspicious in nature. Hence, the seized materials and information found will have a bearing in the computation of the total income of M/s. Vishnu Surya Logistics Pvt Ltd. for AYS: 2013-14 to 2018-19. Hence, this is a fit case for assessment/re-assessment u/s 153C of the Income Tax Act, 1961. Issue Notice u/s 153C of the Income Tax Act, 1961 for AYS 2011-12 to 2018-19. Date:21.01.2021 Sd/- (M.Vivekanandan) Deputy Commissioner of Income tax Central Circle 2(1), Chennai. 14. As can be seen, the satisfaction recorded in the case of both the petitioners aforesaid remains larg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 153A 19.03.2019 4. Name, address and PAN No. of the person whose case action under section 153C is proposed M/s Vishnu Surya Projects & Infra Pvt Ltd PAN:AADCS0735L 5. Specific details of the seized material on the basis of which under section 153C is proposed: (m) Nature of the seized material (money/bullion/jewellery/other valuable article or thing/books of account/documents) (n)Description of the seized material (o) Address of premise/place from where such material was seized. Incriminating evidences seized vide annexure ANN/SBC/RS/ED/S vide panchanama dated 20.03.2019 from the residence of Sunder Rajan at B/9, Ceedeeyes Greenjade Apartments, No.33, Voc Main Road, Kodambakkam, Chennai-24. M/s.Vishnu Surya Projects & Infra Pvt. Ltd. Search operation U/s.132 of the Income Tax Act was carried out in the case of Shri.Ishari.K.Ganesh, Smt.Arthi Ganesh, M/s. Vels Educational Trust, M/s.Vel Ganesh Educational Trust and M/s. Vels Institute of Science, Technology and Advanced studies on 19.03.2019. During the course of search operation, various electronic devices were found & seized vide annexure No.SBC/RS/ED/S from the residence of Sunder Rajan at B/9, Ceede ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rtiorari to determine upon its independent judgment whether or not that finding of fact is correct. The matter has been very well put by Farwell L.J. in - 'R.v. Shroreditch Assessment Committee', (1910) 2 KB 859 at p.879 (A): "The existence of the provisional list is a condition precedent to their jurisdiction to hear and determine, and as the claimant is entitled to require them to hear and determine, they cannot refuse to take the steps necessary to give to such jurisdiction; if they do, their refusal may be called in question in the High Court, No tribunal of inferior jurisdiction can by its own decision finally decide on the question of the existence or extent of such jurisdiction: such question is always subject to review by the High Court, which does not permit the inferior tribunal either to usurp a jurisdiction which it does not possess, whether at all or to the extent claimed, or to refuse to exercise a jurisdiction which it has and ought to exercise. 21. Thus, according to them, the very initiation of the impugned proceedings has been shaken by virtue of the inconsistencies and flaws in the satisfaction note. They also point out that the satisfaction note refers only ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2014-15) and show cause notices have been issued only for those two years. Hence, the orders of assessment for the other years must go. 28. Prior to completion of proceedings, the petitioner has also specifically sought an opportunity of cross examination that has not been granted to it. This request is vide submission dated 29.03.2021, which is, admittedly, been received by the officer on 31.03.2021. Despite this request being on record, the officer has proceeded to pass the impugned orders dated 27.09.2021 ignoring the same. III. Facts and rival contentions in the cases of Balaji and Fourth Force: 29. Sri Balaji Charitable and Educational Trust (in short 'Trust') is stated to be running a Engineering College in Chennai. At the relevant point in time, it held registration under Sections 12AA as well as exemptions in terms of Sections 10(23C) and 11 of the Act. 30. Fourth Force Surveillance Indo Pvt. Ltd. (in short 'Fourth Force') is stated to be in the business of conducting due diligence and providing screening and verification services. 31. Consequent upon search and seizure action under Section 132 in the case of Agni Estates & Foundations Pvt. Ltd., notices under Section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... NN/ARS/AGP/LS/S-6 payments totaling Rs.1,86,18,750/- on various dates ranging from 01.07.2017 to 12.07.2017 were written. These cash transactions were not reflected in the Tally books of accounts seized during the course of search. 3. These transactions will have bearing in the determination of the total income of the assessee M/s.Balaji Charitable and Educational Trust (M/s.Agni College of Technology) (PAN: AABTS7300Q) for AY: 2018-19. Hence, I am satisfied that this is a fit case for assessment/reassessment u/s.153C of I.T.Act, 1961 for AYs: 2013-14 to 2018-19. Issue Notice u/S.153C of the Income Tax Act, 1961 for AYs:2013-14 to 2018-19. Date: 17.09.2020 (M.Vivekanandan) Deputy Commissioner of Income tax, Central Circle 2(1), Chennai 34. The satisfaction note dated 17.09.2020 in the case of Fourth Force reads thus: Satisfaction Note u/s 153C of the Income Tax Act, 1961 in the case of M/s. Fourth Force Surveillance Indo Pvt Ltd., (PAN: AAMCA1036H) (Notification No: 02/2019-20 dated 26.04.2019 of PCIT, Chennai-2) There was a search in the case of M/s. Agni Estates & Foundation Pvt Ltd, a Chennai based real estate company, on 05.07.2018. The company wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er of Income tax, Central Circle 2(1), Chennai 35. Both satisfaction notes reveal the existence of seized material relatable to Assessment Year (AY) 2018-19 alone. This forms the crux of the petitioners' challenge to the orders of assessment that were subsequently framed for the block period 2013-14 to 2018-19. 36. The Trust and Fourth Force would point out that the provisions of Section 153C required the satisfaction of the Assessing Authority to the effect that seized material had been found in relation to each of the assessment years comprised in the block of 6 years. 37. In both the cases, while the satisfaction note is common to the block and makes reference to AYs 2013-14 to 2018-19, it is only with respect to assessment year 2018-19 that prima facie incriminating material had been found and seized. 38. That apart, in the case of Fourth Force, no show cause notice had been issued prior to completion of the assessments, whereas, in the case of the Trust, show cause notice had been issued for AY 2017-18, 2018-19 and 2019-20, wherein reference is made to 'note books' and thus the impugned assessment orders in the case of the Trust have proceeded on the basis of both the sei ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 44. In the satisfaction note relating to the some of the years, the satisfaction notes do not reveal any incriminating material found relatable to the petitioners and hence, in such instance, the notices and all proceedings thereafter are liable to be quashed. For this purpose, they rely upon the judgment of the Hon'ble Supreme Court in the case of Commissioner of Income Tax V. Sinhgad Technical Education Society 397 ITR 344. 45. The challenge in that case was by way of statutory appeal where orders of assessment had been impugned through the hierarchy of appellate authorities. One of the grounds that had been taken related to whether at all assessments can be framed under Section 153 C, since the satisfaction that had been recorded by the officers at the first instance did not reveal the existence of any incriminating material for some of the years comprised in the block. The years in question were 2000-01 to 2003-04. 46. The Apex Court interpreted Section 153C to state that documents seized would have to establish a co-relation with the relevant assessment year for which notices have been issued under that provision and in the absence of this, the commencement of proceedings ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and issue notice and assess or reassess the income of the other person in accordance with the provisions of section 153A, if, that Assessing Officer is satisfied that the books of account or documents or assets seized or requisitioned have a bearing on the determination of the total income of such other person for the relevant assessment year or years referred to in sub-section (1) of section 153A ............ 49. A substantial amendment took place in 2015 where the scope was widened to encompass satisfaction in relation to money, bullion, jewellery or other valuable article or thing seized or requisitioned, that belonged to a third person or any books of accounts or documents, seized or requisitioned, that pertained to, or any information contained therein, that related to a third person. 50. The provision as amended in 2015 reads thus: Assessment of income of any other person. 153C. [(1)] [Notwithstanding anything contained in section 139, section 147, section 148, section 149, section 151 and section 153, where the Assessing Officer is satisfied that,- (a) any money, bullion, jewellery or other valuable article or thing, seized or requisitioned, belongs to; or (b) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment in 2017. The interpretation of the revenue is that upon recording of satisfaction by the Assessing Officer that the books of accounts/documents/assets, seized or requisitioned have a bearing on the determination of total income of the other person, he is mandated to issue a notice for the entirety of the block of 6 assessment years and there is no discretion that has accorded to him in this regard. 53. Thus, the reference to '6 assessment years' in Section 153C is as a block and the existence of seized material for any one year would not just validate but would require statutorily the Assessing Officer to issue notice for all 6 years. He has not been given the discretion to pick and choose any year within the block for the issuance of notice. 54. As regards the judgment in Sinhgad (supra) he points out that the search in that case took place in July, 2005, whereas the search in the present case was in July, 2018. With the amendment in Section 153C over the years, the observations and conclusions in that judgment are not applicable to the present case and must be understood to be confined only to apply to Section 153 C till its amendment in 2015 and not thereafter. 55. He re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2017, the Department was also entitled to extend the block period for a further period of 4 years in addition to the 6 years originally provided, though for the 4 years brought within the ambit of the block period, an additional condition has been imposed, being the availability of material revealing that income that has escaped assessment exceeds 50 lakhs or more. 61. The scheme of a block assessment includes both assessment as well as reassessment and is a scheme different and distinct from all the other modes of assessment as well as re-assessment already available under the Act including reassessment under Section 147. 62. The premise of this scheme of assessment is a search/requisition, although the scope of assessment extends to 'total income'. This view finds support from the recent judgment of the Hon'ble Supreme Court in Principal Commissioner of Income Tax, Central -3 V.Abhisar Buildwell P. Ltd. Civil Appeal No.6580 of 2021 dated 24.04.2023 confirming the decision in Commissioner of Income Tax V. Kabul Chawla 380 ITR 573. 63. Assessments made either under Section 153A or 153C can be sustained only if those assessments are based upon incriminating materials found in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... period' for which notices will be issued. Despite this, the Hon'ble Supreme Court has understood the scheme of block assessment under Section 153 C to mean that notice under Section 153C can be issued only where the satisfaction note draws a nexus between the incriminating material and the specific year to which it relates. 69. Furthermore, every assessment year for the purpose of the Income Tax Act, is a separate and distinct year. No doubt, the scheme of assessment under Sections 153A and 153 C envisage creation of a block. But that creation does not efface the first principles in the framing of an assessment itself. To summarise, the ratio of the judgment in Sinhgad (supra) is that an assessment under Section 153 C to survive, must be premised on seized material only. 70. Great reliance has been placed by the petitioner on the decision of the Delhi High Court in the case of Commissioner of Income Tax, Central - III, V. Kabul Chawla 380 ITR 573. An SLP filed by the Department as against that decision was taken up for hearing along with a batch of other appeals involving similar issues and finally disposed vide judgment dated 24.04.2023 in the case of Principal Commissioner ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h, or other post-search material or information available with the AO which can be related to the evidence found, it does not mean that the assessment "can be arbitrary or made without any relevance or nexus with the seized material. Obviously an assessment has to be made under this Section only on the basis of seized material." v. In absence of any incriminating material, the completed assessment can be reiterated and the abated assessment or reassessment can be made. The word 'assess' in Section 153 A is relatable to abated proceedings (i.e.. those pending on the date of search) and the word 'reassess' to completed assessment proceedings. vi. Insofar as pending assessments are concerned, the jurisdiction to make the original assessment and the assessment under Section 153A merges into one. Only one assessment shall be made separately for each AY on the basis of the findings of the search and any other material existing or brought on the record of the AO. vii. Completed assessments can be interfered with by the AO while making the assessment under Section 153 A only on the basis of some incriminating material unearthed during the course of search or requis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any books of account or documents, seized or requisitioned, pertains or pertain to, or any information contained therein, relates to, a person other than the person referred to in section 153A, then, the books of account or documents or assets, seized or requisitioned, shall be handed over to the Assessing Officer having jurisdiction over such other person and that Assessing Officer shall proceed against each such other person and issue notice and assess or reassess the income of the other person in accordance with the provisions of section 153A, if that Assessing Officer is satisfied that the books of account or documents or assets, seized or requisitioned, have a bearing on the determination of the total income of such other person for the relevant assessment year or years referred to in sub-section (1) of section 153A 76. The ingredients of Section 153A are: i) Initiation of search or requisition under the applicable statutory provisions, ii) Such search/requisition being after 31.05.2023 but before 31.05.2021. iii) A mandate upon the Assessing Officer who 'shall' issue notice to the person searched. iv) The notice shall require him to furnish within such period as spec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... would have to be issued only upon the concurrent satisfaction of both conditions as aforesaid. To this extent, there is, in my considered opinion, a clear and marked distinction between the provisions of Section 153A and 153C. The contention of the revenue that a mandate is cast upon the Assessing Officer of the third party to issue notice under Section 153C for all the years comprising the block, mechanically and automatically, is thus rejected. 81. To clarify, it is only where the satisfaction note recorded by the receiving Assessing Officer, i.e., the Assessing Officer of the third party reflects a clear finding that the incriminating material received has a bearing on determination of total income of the third party for 6 assessment years immediately preceding the assessment year relevant to the previous year in which search is conducted or requisition is made, that such notice would have to be issued for all the years. 82. It thus flows from the provision that the receiving assessing officer must apply his mind to the materials received and ascertain precisely the specific year to which the incriminating material relates. It is only when this determination/ascertainment is c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n omission on the part of the officer who has recorded satisfaction to refer to the small note books in relation to AYs 2016-17 and 2017-18. 88. The legal issue is hence decided in favour of the petitioners, and would have to be applied to determine the validity or otherwise of each of the orders of assessment passed in the case of each of the petitioners. This Court is not in possession of all satisfaction notes. In some cases, the assessing authority has recorded satisfaction by way of a consolidated note, whereas in some others, this Court is given to understand that the satisfaction notes are individual relating to a specific year. 89. Thus, rather than go through the factual exercise of verification of the satisfaction notes to arrive at a conclusion as to whether the pre-condition relating to the satisfaction being year-specific, has been complied, by the assessing authority. I leave it to the concerned jurisdictional assessing officer to collate the satisfaction notes relating to each year and apply the conclusion of this Court on the legal issue decided supra. 90. Orders shall be passed giving effect to the conclusion in this order. That is to say that those assessments ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wever, the show cause notice issued on 13.02.2021 revealed seized 'small note books' as well which contained recording of duly unaccounted cash transactions maintained by the cashier of the Agni group based on the directions of the Managing Director of the Agni group of companies and his Secretary. Cash receipts and payments for financial years relating to 2016-17, 2017-18 and 2018-19 have been noted and recorded. 93. The orders of assessment shall be served on the assessee within a period of three (3) weeks from date of uploading of this order with a compliance memo in this regard filed in the Registry. Liberty is granted to the petitioners, i.e. Agni Vishnu Ventures Pvt. Ltd., Vishnusurya Projects and Infra Private Limited, Sri Balaji Charitable and Educational Trust and Fourth Force Surveillance Indo Private Limited to challenge the remaining of the assessment orders, if any and by way of statutory appeal and such appeals, if filed within a period of four (4) weeks from date of receipt of the confirmation from the assessing authority, shall be taken on file by the first appellate authority without reference to limitation and ensuring compliance with other pre-conditions, if any ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ance of the satisfaction note lies in the reference to incriminating material found in the premises of the searched entity and the confirmation by the officer that such materials would have a bearing on the determination of tax in the case of the notice under Section 153C. Seen in this light, the satisfaction is found to comply with the statutory requirement. 100. In response to the show cause notices, the petitioner has filed detailed replies, specifically seeking material, such as the break-up of the amounts specified in the notices and an opportunity to cross examine some persons including one S.Dhilip Kumar, whose statements have been referred to by the officer in the notice. 101. There is also a request dated 25.09.2021 for furnishing copies of sworn statements of K.N.Narayanan, the said Dhilip Kumar and G.S.Kanniappan, the petitioner reiterating that an opportunity of cross examination also be afforded, if those statements are intended to be used against him. 102. Thereafter, the petitioner has filed an application under Section 144A to the Additional Commissioner of Income Tax, Central Range - 2 on 27.09.2021 apprehending a hurried closure of the assessment and urging int ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hence the aforesaid direction would suffice to protect the interests of the petitioner and to remedy the procedural error committed by the officer while framing the assessment. 111. This petitioner may also approach the appellate authority by way of statutory appeals within a period of four (4) weeks from date of receipt of a copy of this order, in which case, the appeals shall be entertained without reference to limitation. Thereafter, it is between the petitioner and the appellate authority to take matters forward in accordance with law. 112. The challenge raised in W.P.Nos.20114, 20116, 20119, 20125, 20127 & 20130 of 2020 is to notices dated 22.09.2020 issued under Section 153A of the Income Tax Act, 1961 (in short 'Act') for A.Ys 2013-14, 2014-15, 2015-16, 2016- 17, 2017-18 and 2018-19. 113. The challenge is premised on the argument that there has been a delay in handing over seized material by the search officials to the receiving officers, that is, the jurisdictional officer of the third party/petitioner, beyond a period of sixty days from the date on which the last of the authorizations for search was executed. 114. This issue has been decided adverse to the assessee in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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