On the basis of search conducted in case of searched person, a satisfaction note was recorded by Assessing Officer which indicated that a pen-drive was found containing information regarding transactions entered into by assessee with companies that had provided accommodation entries through generation of bogus invoices. The Assessing Officer issued notice under section 153C for the Assessment Year 2021-22. On writ the Court held that information allegedly found was regarding a purported transaction pertaining to financial year 2014-15, therefore pen drive found could not be considered as containing any incriminating material pertaining to assessee in respect of relevant assessment year. Accordingly assessment for the AY. 2021-22 could not be reopened under section 153C of the Act. Notice was quashed and set aside. (AY. 2021-22)
Panch Tatva Promotors (P.) Ltd. v. ACIT (2025) 305 Taxman 171 (Delhi)(HC)
S. 153C : Assessment-Income of any other person-Search-Cash credits-Accommodation entries-Pen drive-Transaction pertaining to financial year 2014-15-Satisfaction note for the Assessment year 2021-22-Pendrive cannot be considered as incriminating documents for the AY. 2021-22-Notice was quashed.[S.68, 132, Art. 226]
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