Facts of the Case
A batch of writ petitions challenged notices issued under
Section 153C of the Income Tax Act, 1961 to assessees who were not subjected to
the original search. The petitioners contended that no incriminating material
relating to the specific assessment years proposed to be reopened had been
found during the search of another person. In several cases, the satisfaction
notes either did not refer to the relevant assessment years or were not
furnished to the petitioners. Despite this, reassessment proceedings were
initiated for multiple years within the statutory block period.
Issues Involved
- Whether
jurisdiction under Section 153C can be validly assumed against a
non-searched person without incriminating material relating to the
specific assessment year.
- Whether
material pertaining to one year can justify reopening of all six preceding
assessment years.
- Whether
failure to record or supply a proper satisfaction note vitiates the
proceedings.
- Whether completed assessments can be reopened without material having a bearing on determination of income for that year.
Petitioner’s Arguments
The petitioners argued that initiation of proceedings under
Section 153C was without jurisdiction since no seized material pertaining to
the relevant assessment years existed. They contended that material relating to
a particular year cannot justify reassessment of other years. For completed
assessments, reassessment is permissible only where seized material
specifically relates to that year and impacts determination of total income. In
some cases, satisfaction notes were either absent or did not establish any
nexus between the seized material and the assessment years concerned.
Respondent’s Arguments
The Revenue submitted that once incriminating material is
found during a search and is considered relevant to a non-searched person,
proceedings under Section 153C may be initiated for the prescribed block
period. It was argued that the statutory scheme allows assessment of multiple
years and that the satisfaction recorded by the Assessing Officer was adequate
to confer jurisdiction.
Court Order / FINDINGS
The Delhi High Court held that jurisdiction under Section 153C
depends upon the existence of incriminating material belonging to or relating
to the non-searched person and specifically connected to the assessment year
sought to be reopened. Reassessment of completed assessments cannot be
sustained unless the material discovered during the search has a direct bearing
on the determination of total income for that particular year. The Court
emphasized that discovery of material relating to one year does not authorize
reopening of other years within the block period. Consequently, proceedings
initiated without year-specific incriminating material were held to be legally
unsustainable.
Important Clarification
The Court clarified that the existence of incriminating
material is a jurisdictional precondition for invoking Section 153C against a
non-searched person. The Assessing Officer must demonstrate a clear nexus
between the seized material and the relevant assessment year. In the absence of
such material, reassessment proceedings for completed years cannot be lawfully
initiated merely because a search was conducted in the case of another person.
Link to download the order – https://www.mytaxexpert.co.in/uploads/1772191193_ASHUTOSHAGARWALVsASSISTANTCOMMISSIONEROFINCOMETAX..RESPONDENT1CENTRALCIRCLE28DELHIANDORS..pdf
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