2022 (5) TMI 58 - HC - Income Tax

Assessment u/s 153C for the referred assessment years more particularly when the Limited Liability Partnership came into existence for the first time in 2016 - respondent submit that this Court, in exercise of its extraordinary jurisdiction under Article 226 of the Constitution may not interfere at the stage of Section 153C - HELD THAT - Having heard the learned counsel appearing for the parties and having gone through the materials on record, we are of the view that we need not enter into any debate as regards the constitution or registration of the LLP. We say so because when the assessment orders are not passed for the A.Y. 2013-14, 2014-15, 2015-16 and 2016- 17 respectively, the matter ends over here. So far as 2017-18 and 2018-19 are concerned, as the assessment orders have already been passed, we decline to go into any other issues with respect to these two notices. In view of the aforesaid, this writ application succeeds in part. The impugned notices with respect to A.Y.2013-14, 2014-15, 2015-16 and 2016-17 are hereby quashed and set aside. So far as the assessment orders which have already been passed with respect to A.Y.2017- 18 and 2018-19, it shall be open for the writ applicant to file appropriate appeal in accordance with law.

Summary

Issues:
Challenge to legality and validity of notices issued under Section 153C for assessment years 2013-14 to 2018-19.

Analysis:
The writ applicant, a Limited Liability Partnership, challenged the notices issued under Section 153C of the Income Tax Act, 1961, for the assessment years 2013-14 to 2018-19 following a search action on the Riddhi Siddhi Group of Companies. The primary contention raised was the legality of issuing notices for years when the LLP was not in existence. The applicant argued that the satisfaction note was mechanically prepared without considering the LLP's incorporation in 2016. The Assessing Officer, however, justified the notices by claiming a detailed analysis of seized documents and digital evidence, concluding that proceedings under Section 153C were warranted. The applicant's objection to the mechanical satisfaction note was dismissed by the Assessing Officer, who deferred consideration to the assessment stage.

The Court noted the absence of an interim order and the Assessing Officer's decision not to frame assessments for the years in question. While the revenue opposed the writ application, arguing against interference at the Section 153C stage, the Court decided not to delve into debates regarding the LLP's constitution or registration. Since assessments were not finalized for the years 2013-14 to 2016-17, the Court quashed the notices for those years. For 2017-18 and 2018-19, where assessments were completed, the Court allowed the applicant to appeal in accordance with the law, keeping all legal questions open for challenge before the CIT(A).

In conclusion, the High Court partially allowed the writ application, quashing the notices for the years 2013-14 to 2016-17 while permitting the applicant to appeal for the assessed years. The judgment emphasized the importance of considering the existence of the LLP during the assessment period and refrained from interfering in finalized assessments. The decision upheld the principles of legality and procedural fairness in tax assessments, providing the applicant with the opportunity to challenge the assessments through appropriate legal channels.