9911796707
TMI Blog2025 (1) TMI 701X X X X Extracts X X X X X X X X Extracts X X X X ..... by the respondents, the proceedings are bound to be completed within 12 months which is going to be ended on 31.03.2025. The petitioner approached this Court at the very fag end of the period in the month of November December 2025, therefore, at this belated stage, the petition cannot be entertained. Objections in respect of the satisfaction note recorded by the AO of the concerned third party as well as the assessment note in respect of the petitioner - All these objections can be raised before the AO who is competent to appreciate the same after examining the documents. After the order is passed by the Assessing Officer, either party, i.e. petitioner or Department will have the remedy of appeal before the Commissioner of Income Tax and fu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n a nutshell, are that the Income Tax Department conducted a search and seizure operation under Section 132 of the Income Tax Act,1961 on the premises of Praveen Kakkar R.K. Miglani Group on 07.04.2019. In the aforesaid search and seizure, some incriminating materials relating to the present petitioner were found. The Assessing Officer, related to Praveen Kakkar R.K. Miglani Group sent the said material to the concerned Assessing Officers related to the present petitioner. The Assessing Officer issued a notice to the petitioner under Section 153C of the Income Tax Act dated 15.12.2023. 03. The petitioner submitted a reply to the aforesaid notice, demanding the incriminating materials for the relevant period found during the course of the se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erson; and thirdly that upon receipt of such information / material with satisfaction notes, the Assessing Officer of a person other than search i.e. present petitioner arrived to the satisfaction that incriminating materials relate to the petitioner. The petitioner is also challenging the authority of respondent No.1 to issue a notice on the ground of limitation as provided under the proviso to Section 153C of the Income Tax Act. 05. In support of the above ground, learned counsel for the petitioner has placed reliance upon a judgment delivered by the Apex Court in the case of Commissioner of Income Tax 14 v/s Jasjit Singh [S.L.P. (C) No.6644 of 2016] decided on 26.09.2023 , in which the Apex Court has held that first proviso to sub-sectio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ome Tax Act i.e. 12 months. In the present case, the assessment will be completed by 31.03.2025. The petitioner filed the writ petition just four months before 31.03.2025. Shri Harsh Parashar, learned counsel for the respondents has placed reliance upon a judgment delivered by the High Court of Allahabad in the case of Rajendra Kumar Sharma v/s Income Tax Officer reported in (2023) 155 taxmann.com 232 (Allahabad) , wherein the writ petition has been dismissed on the ground of delay of one year in challenging the notice issued under Section 153C of the Income Tax Act. The said order was challenged before the Apex Court in the case of Rajendra Kumar Sharma v/s Income Tax Officer reported in (2023) 155 taxmann.com 233 (SC) , whereby the SLP ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g Officer of the concerned third party as well as the assessment note in respect of the petitioner are concerned, all these objections can be raised before the Assessing Officer who is competent to appreciate the same after examining the documents. After the order is passed by the Assessing Officer, either party, i.e. petitioner or Department will have the remedy of appeal before the Commissioner of Income Tax and further remedy before the Income Tax Appellate Tribunal. 11. Even in the case of Jasjit Singh (supra) , the matter was travelled up to the Apex Court after exhausting the remedy before the ITAT, therefore, all these objections and grounds raised by the petitioner are liable to be considered by the authorities under the Income Tax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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