POOJA GUPTA vs. ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE 25 DELHI & ORS.

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W.P.(C)/255/2024HC DelhiDLHC01058220202313 May 2024Bench: HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV,HON'BLE MR. JUSTICE YASHWANT VARMA5 pages
AI SummaryAllowed

What did the High Court hold?

The Delhi High Court allowed the writ petitions. The Court held that the issuance of a notice under Section 153C is contingent upon the AO forming an opinion that the material received is likely to have a bearing on the determination of the total income for a particular assessment year. The Court reiterated the principles from its decision in Saksham Commodities Limited, emphasizing that abatement of proceedings or initiation of assessment/reassessment under Section 153C would only be justified if specific incriminating material relating to or likely to impact the income of those particular AYs is found. The mere existence of a Satisfaction Note covering a block of years does not automatically warrant invocation of Section 153C for all those years if no specific material is identified for each year. Consequently, the impugned notices dated March 16, 2023, issued under Section 153C for AYs 2016-17, 2017-18, 2018-19, 2019-20, and 2020-21, along with all consequential proceedings, were quashed.

What were the facts?

The petitioner, Pooja Gupta, filed five writ petitions challenging notices dated March 16, 2023, issued under Section 153C of the Income Tax Act, 1961. These notices pertained to Assessment Years (AYs) 2018-19, 2020-21, 2017-18, 2016-17, and 2019-20. The challenge was based on the fact that the Satisfaction Note dated June 23, 2022, issued by the jurisdictional Assessing Officer (AO) of the petitioner, related to incriminating material for AYs 2014-15 to 2020-21. However, the petitioner contended that no specific incriminating material was found for the AYs in question (2016-17 to 2020-21). The petitions sought to quash these notices and all consequential proceedings.

What were the issues?

1. Whether the notices issued under Section 153C of the Income Tax Act, 1961, for AYs 2016-17 to 2020-21 are valid, given that the Satisfaction Note pertaining to incriminating material covers a broader period (AYs 2014-15 to 2020-21) but no specific incriminating material for the impugned AYs was identified. Assessee's Contention: The petitioner argued that Section 153C requires the AO to be satisfied that material found has a bearing on the determination of total income for a particular AY. Since no specific incriminating material was found for the AYs 2016-17 to 2020-21, the notices are invalid. They relied on the principles laid down in Saksham Commodities Limited vs. Income Tax Officer, Ward 22(1), Delhi & Anr. Revenue's Contention: The judgment does not record any specific arguments made by the revenue.

Which sections of the Income-tax Act were involved?

Section 153C,Section 153A

AI-generated summary — verify with the full judgment below

Heard together (3 matters)

W.P.(C) 255/2024
W.P.(C) 258/2024
W.P.(C) 260/2024

Read from the judgment's own cause title. This page is filed under one of them.

$~52, 54,55,56,57 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 255/2024, CM APPL. 1194/2024 (Interim Stay)

POOJA GUPTA

..... Petitioner Through: Mr. Anand Chaudhuri & Mr. Kumail Abbas, Advs.

versus

ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE 25 DELHI & ORS. ..... Respondents Through: Mr. Aseem Chawla, SSC with Ms. Monica Benjamin, JSC, Ms. Pratishtha Chaudhary & Mr. Naveen Rohila, Advs. 54 + W.P.(C) 258/2024, CM APPL. 1197/2024 (Interim Stay)

POOJA GUPTA

..... Petitioner Through: Mr. Anand Chaudhuri & Mr. Kumail Abbas, Advs.

versus ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE 25 DELHI & ORS. ..... Respondents

Through: Mr. Aseem Chawla, SSC with Ms. Monica Benjamin, JSC, Ms. Pratishtha Chaudhary & Mr. Naveen Rohila, Advs. 55 + W.P.(C) 260/2024, CM APPL. 1198/2024 (Interim Stay)

POOJA GUPTA

..... Petitioner Through: Mr. Anand Chaudhuri & Mr. Kumail Abbas, Advs.

versus

ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE 25 DELHI & ORS. ..... Respondents This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/05/2024 at 11:42:09

Through: Mr. Aseem Chawla, SSC with Ms. Monica Benjamin, JSC, Ms. Pratishtha Chaudhary & Mr. Naveen Rohila, Advs. 56 + W.P.(C) 277/2024, CM APPL. 1231/2024 (Interim Stay)

POOJA GUPTA

..... Petitioner Through: Mr. Anand Chaudhuri & Mr. Kumail Abbas, Advs.

versus

ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE 25 DELHI & ORS. ..... Respondents

Through: Mr. Aseem Chawla, SSC with Ms. Monica Benjamin, JSC, Ms. Pratishtha Chaudhary & Mr. Naveen Rohila, Advs. 57 + W.P.(C) 278/2024, CM APPL. 1232/2024 (Interim Stay)

POOJA GUPTA

..... Petitioner Through: Mr. Anand Chaudhuri & Mr. Kumail Abbas, Advs.

versus

ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE 25 DELHI & ORS. ..... Respondents

Through: Mr. Aseem Chawla, SSC with Ms. Monica Benjamin, JSC, Ms. Pratishtha Chaudhary & Mr. Naveen Rohila, Advs.

CORAM:

HON'BLE MR. JUSTICE YASHWANT VARMA

HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR

KAURAV

O R D E R %

13.05.2024 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/05/2024 at 11:42:09

1.

These writ petitions have been preferred against the impugned notices dated 16 March 2023 issued under Section 153C of the Income Tax Act, 1961 [“Act”] for Assessment Years [“AY”] 2018-19 [W.P.(C) 255/2024], 2020-21 [W.P.(C) 258/2024], 2017-18 [W.P.(C) 260/2024], 2016-17 [W.P. (C) 277/2024], 2019-20 [W.P. (C) 278/2024] and all consequential proceedings. 2. Bearing in mind the undisputed fact that the Satisfaction Note dated 23 June 2022 issued by the jurisdictional Assessing Officer [“AO”] of the petitioner relates to incriminating material for AYs’ 2014-15 to 2020-21, it is ex facie evident that no incriminating material for the aforenoted AYs’ 2016-17, 2017-18, 2018-19, 2019- 20, 2020-21 has been found. 3. Undisputedly, the issue now stands answered and covered in favour of the writ petitioner bearing in mind the principles that we had enunciated in Saksham Commodities Limited vs. Income Tax Officer, Ward 22(1), Delhi & Anr [2024 SCC OnLine Del 2551]. The relevant paragraphs of the said decision read as follows:- “63. On an overall consideration of the structure of Sections 153A and 153C, we thus find that a reopening or abatement would be triggered only upon the discovery of material which is likely to “have a bearing on the determination of the total income” and would have to be examined bearing in mind the AYs' which are likely to be impacted. It would thus be incorrect to either interpret or construe Section 153C as envisaging incriminating material pertaining to a particular AY having a cascading effect and which would warrant a mechanical and inevitable assessment or reassessment for the entire block of the “relevant assessment year”. 64. In our considered view, abatement of the six AYs' or the “relevant assessment year” under Section 153C would follow the formation of opinion and satisfaction being reached that the material received is likely to impact the computation of income for a particular AY or AYs' that may form part of the block of ten AYs'. Abatement would be triggered by the formation of that opinion rather than the other way around. This, in light of the discernibly distinguishable statutory regime underlying Sections 153A and 153C This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/05/2024 at 11:42:09

as explained above. While in the case of the former, a notice would inevitably be issued the moment a search is undertaken or documents requisitioned, whereas in the case of the latter, the proceedings would be liable to be commenced only upon the AO having formed the opinion that the material gathered is likely to inculpate the assessee. While in the case of a Section 153A assessment, the issue of whether additions are liable to be made based upon the material recovered is an aspect which would merit consideration in the course of the assessment proceedings, under Section 153C, the AO would have to be prima facie satisfied that the documents, data or asset recovered is likely to “have a bearing on the determination of the total income”. It is only once an opinion in that regard is formed that the AO would be legally justified in issuing a notice under that provision and which in turn would culminate in the abatement of pending assessments or reassessments as the case may be. 65. We would thus recognize the flow of events contemplated under Section 153C being firstly the receipt of books, accounts, documents or assets by the jurisdictional AO, an evaluation and examination of their contents and an assessment of the potential impact that they may have on the total income for the six AYs' immediately preceding the AY pertaining to the year of search and the “relevant assessment year”. It is only once the AO of the non-searched entity is satisfied that the material coming into its possession is likely to “have a bearing on the determination of the total income” that a notice under Section 153C would be issued. Abatement would thus be a necessary corollary of that notice. However, both the issuance of notice as well as abatement would have to necessarily be preceded by the satisfaction spoken of above being reached by the jurisdictional AO of the non-searched entity. 66. Therefore, and in our opinion, abatement of the six AYs' or the “relevant assessment year” would follow the formation of that opinion and satisfaction in that respect being reached. 67. On an overall consideration of the aforesaid, we come to the firm conclusion that the “incriminating material” which is spoken of would have to be identified with respect to the AY to which it relates or may be likely to impact before the initiation of proceedings under Section 153C of the Act. A material, document or asset recovered in the course of a search or on the basis of a requisition made would justify abatement of only those pending assessments or reopening of such concluded assessments to which alone it relates or is likely to have a bearing on the estimation of income. The mere existence of a power to assess or reassess the six AYs' immediately preceding the AY corresponding to the year of search or the “relevant assessment year” would not justify a sweeping or indiscriminate invocation of Section 153C. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/05/2024 at 11:42:09

68.

The jurisdictional AO would have to firstly be satisfied that the material received is likely to have a bearing on or impact the total income of years or years which may form part of the block of six or ten AYs' and thereafter proceed to place the assessee on notice under Section 153C. The power to undertake such an assessment would stand confined to those years to which the material may relate or is likely to influence. Absent any material that may either cast a doubt on the estimation of total income for a particular year or years, the AO would not be justified in invoking its powers conferred by Section 153C. It would only be consequent to such satisfaction being reached that a notice would be liable to be issued and thus resulting in the abatement of pending proceedings and reopening of concluded assessments.” 4. Accordingly, and for reasons assigned in our decision in Saksham Commodities Limited, we allow the instant writ petitions and quash the impugned notices dated 16 March 2023 issued under Section 153C of the Act and all consequential proceedings arising therefrom.

YASHWANT VARMA, J.

PURUSHAINDRA KUMAR KAURAV, J. MAY 13, 2024/neha

This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/05/2024 at 11:42:09

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