9911796707
TMI Blog2023 (4) TMI 490X X X X Extracts X X X X X X X X Extracts X X X X ..... ile 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 the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt if there is failure to deposit the aforesaid amount. The first respondent, in issuing the Order dated 17.02.2023 [Annexure-A] has confirmed the second respondent-the Assessing Officer's [AO] order dated 07.01.2023 [Annexure-B] disposing of the petitioner's stay petition dated 20.10.2022. 2. The first respondent has reasoned thus while passing the impugned order [Annexure-A]. The written submissions of the assessee have duly been considered. As regards the argument of the assessee that the assessment proceedings in his case got abated when on 10.10.2019, when search was conducted in the group cases of Sri. Devaraj Urs Education Trust, the same is misplaced as the case of the assessee is not covered by Section 153A of the A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itioner, submits that the scrutiny proceedings, which commenced with the notice dated 27.09.2018 under Section 143[2] of the IT Act and was pending as of the date of search i.e., 10.10.2019, will irrefutably stand abated in view of the provisions of Section 153A of the IT Act and this should have been considered while considering the terms on which stay is granted. As against these submissions, Sri K V Aravind on behalf of the respondents, contends that, in the circumstances of the case, the proceedings would abate against the petitioner only if the limitation is reckoned in terms of the provisions of Section 153C of the IT Act. 6. The question whether the proceedings against the petitioner would abate will be dependent on what would be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act, and in the light of the assistance by Sri. T Suryanarayana, Sri. K V Aravind submits that the question whether the assessment for the relevant assessment year stood abated with the initiation of search [even if it could be under Section 153C of the IT Act] must be decided based on the date on which the petitioner's Assessing Officer received the assets seized, or requisitioned, in the search conducted on 10.10.2019. However, Sri. Narendra Kumar Jain hastens to add that any decision in this regard should essentially be based on whether the abatement should be considered under Section 153A or Section 153C of the IT Act. 8. It is obvious from the aforesaid submissions that a prima facie opinion on abatement would be relevant for th ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
