RAVI SURYA AGRO RESORTS LLP vs. ASSISTANT COMMISSIONER OF INCOME TAX
What did the High Court hold?
The Tribunal held that the notice dated September 30, 2021, issued under Section 142(2A) of the Income Tax Act, 1961, proposing a special audit for AYs 2014-15 to 2020-21, was issued without application of mind. While the revenue is entitled to look into six assessment years prior to the search year under Sections 153A/153C, this does not permit them to audit or reassess accounts for years when the company did not exist. Since the petitioner was incorporated in July 2017, there could be no accounts for the period prior to its incorporation. Consequently, the notice cannot stand and is quashed and set aside. The petition was disposed of accordingly.
What were the facts?
The petitioner, Ravi Surya Agro Resorts LLP, challenged a notice dated September 30, 2021, issued under Section 142(2A) of the Income Tax Act, 1961. This notice proposed referring the petitioner's books of accounts for Assessment Years (AYs) 2014-15 to 2020-21 for a special audit. A key fact highlighted by the petitioner is that it was incorporated only on July 26, 2017, as evidenced by its Company Master Data. The respondents' reply did not deny this incorporation date. The notice was issued pursuant to a search conducted in 2019.
What were the issues?
1. Whether the notice dated September 30, 2021, issued under Section 142(2A) of the Income Tax Act, 1961, proposing a special audit for AYs 2014-15 to 2020-21, is liable to be quashed and set aside for being issued without application of mind, considering the petitioner's incorporation date of July 26, 2017. Assessee's Contention: The petitioner argued that the notice was issued mechanically and without application of mind because the company was incorporated only in 2017. Therefore, the question of complex accounts for AYs 2014-15 up to the date of incorporation does not arise, as no accounts existed for those periods. The entire foundation of the respondents' case collapses if the notice is flawed. Revenue's Contention: The respondents submitted that the notice was issued pursuant to a search conducted in 2019. They stated that under Sections 153A and 153C of the Act, the department is entitled to reassess for six assessment years preceding the assessment year relevant to the previous year in which the search was conducted.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
Order 03/09/2025
Petitioner is challenging a notice dated 30th September 2021, issued under Section 142(2A) of the Income Tax Act, 1961 (for short ‘the Act’), whereby petitioner was called upon to submit explanation as to why petitioner’s books of accounts for Assessment Years 2014-15 to 2020-21 may not be referred to special audit as per provisions of Section 142(2A) of the Act. Various grounds have been raised, one of which is that notice has been issued mechanically without application of mind because petitioner itself was incorporated only in the year 2017. Copy of
[2025:RJ-JP:35191-DB] (2 of 3) [CW-13524/2021] the Company Master Data, which is annexed to the petition, states the date of incorporation as 26th July 2017. 2. In the reply to the petition, there is no denial to the fact that petitioner was incorporated in the year 2017. 3. Mr. Gunjan Pathak, counsel for petitioner submitted that therefore, notice has been issued without application of mind and the question of accounts being complex for Assessment Year 2014-2015 upto the date of incorporation will not arise because there are no accounts.
Mr. Pathak submitted that since notice itself has been issued without application of mind, the entire foundation of respondents’ case will collapse and hence, the notice has to be quashed and set aside.
Mr. Siddharth Bapna, counsel for respondents submits that this notice came to be issued pursuant to a search which was conducted in the year 2019 in the premises of petitioner and its Directors. Mr. Bapna states that pursuant to Section 153A and 153C of the Act, department is entitled to reassess for six assessment years immediately preceding the assessment year relevant to the previous year in which search is conducted.
It is true that under Section 153A/153C of the Act, department could look into six assessment years prior to the year of search, but that does not mean that they will do audit or reassess the accounts for years upto 2014-2015 also. As the company itself was not in existence, there can be no accounts for those years.
[2025:RJ-JP:35191-DB] (3 of 3) [CW-13524/2021]
Therefore, as the notice dated 30th September 2021 itself has been issued without application of mind, in our view, the notice cannot stand. The notice is quashed and set aside.
Petition disposed. Pending application, if any, also stands disposed. (MANEESH SHARMA),J (K.R. SHRIRAM),CJ KAMLESH KUMAR-RAHUL/8
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