> v. Assisstant Commissioner Of Income Tax Cental Circle-32 Delhi & Anr

$~93 *IN THE HIGH COURT OF DELHI AT NEW DELHI+W.P.(C) 4156/2024 CM APPL. 16960/2024NAND KISHORE GARG.....PetitionerThrough:Mr Ruchesh Sinha and Ms MonalishaMaity, Advocates. Versus ASSISSTANT COMMISSIONER OF INCOMETAX CENTAL CIRCLE-32 DELHI & ANR. .....RespondentsThrough:Mr Puneet Rai, SSC, Mr AshviniKumar and Mr Rishabh Nangia, SCsand Mr Nikhil Jain, Advocate. CORAM:HON'BLE MR. JUSTICE VIBHU BAKHRUHON'BLE MR. JUSTICE TEJAS KARIAO R D E R19.03.2025 % 1.The petitioner has filed the present petition, inter alia, impugning anotice dated 30.09.2022 [impugned notice] issued under Section 153C ofthe Income Tax Act, 1961 [Act] in respect of the Assessment Year 2013-14 and the proceedings initiated pursuant thereto. 2.The impugned notice was premised on the search and seizureoperations that were conducted under Section 132 of the Act in respect ofAlankit Group of cases on 18.10.2019. It is alleged that during the course ofthe search, certain incriminating documents pertaining to the petitioner werefound, which would have a bearing on the tax chargeable on the petitioner’sincome. Accordingly, a satisfaction note dated 24.06.2022 was prepared by theAssessing Officer of the searched entity. Pursuant thereto, theimpugned notice was issued. 3.It is the petitioner’s case that the said notice is barred by limitation asthe AY 2013-14 is beyond the period of 10 years for which assessmentscould be reopened. 4.Concededly, the aforesaid issue is covered by the decision of acoordinate Bench of this court in The Pr. Commissioner of Income Tax -Central-1 v. Ojjus Medicare Pvt. Ltd : Neutral Citation : 2024:DHC:2629-DB. The period of 10 years for which assessments can be reopenedunder Section 153C of the Act read with Section 153A of the Act is requiredto be reckoned from the end of the assessment year relevant to the financialyear in which the notice for reopening is issued. In the present case, thesatisfaction note was recorded on 24.06.2022. Thus, the period of ten yearsis required to be reckoned from the assessment year relevant to financialyear 2022-23. The learned counsel for the petitioner has handed over atabular statement setting out the ten Assessment Years that will be coveredin the present case. The same is reproduced below: 5.There is no cavil with the aforesaid tabular statement. 6.Accordingly, the present petition is allowed and the impugned notice,as well as all proceedings initiated pursuant thereto, are set aside.7.The petition is allowed in the aforesaid terms. All the pendingapplications are also disposed of. VIBHU BAKHRU, J MARCH 19, 2025M TEJAS KARIA, J Click here to check corrigendum, if any