ANIL KASPILASHRAMI,GURGAON V. DCIT, CENTRAL CIRCLE-16, NEW DELHI

ITA 33/DEL/2025

AI Insights

The case involves twin appeals by Anil Kapilashrami against the penalties imposed for the assessment years 2009-10 and 2012-13 under Section 271(1)(c) of the Income-tax Act, 1961. The penalties were based on findings from a search conducted on M/s Pythhos Group, which led to the discovery of incriminating material. The primary legal contention was whether the penalties for the mentioned assessment years were valid under the provisions of Section 153C, which deals with the assessment of income in cases where books of account or other documents are seized. The Tribunal referenced the decision in PCIT v. Ojjus Medicare (P) Ltd. [2024] 465 ITR 101 (Delhi) to interpret the relevant sections and concluded that the penalties were not applicable for the years in question due to the statutory time limits.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 716873 (ITAT-DELHI)
• Duration Of Justice: 7 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-08-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2009-2010
• Appeal Filed On: 02-01-2025
• Other Referred Cases: PCIT v. Ojjus Medicare (P) Ltd. [2024] 465 ITR 101 (Delhi)
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 271(1)(c)

Judgement Text

"1 ITA Nos. 33 & 34/Del/2025 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘A’ NEW DELHI BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND SHRI NAVEEN CHANDRA, ACCOUNTANT MEMBER ITA Nos. 33 & 34/Del/2025 Asstt. Yr.: 2009-10 & 2012-13 Anil Kapilashrami, 1002, Tower-4, Vipul Belmonte, Golf Course Road, Sector-56, Gurgaon, Haryana-122011. PAN: AFBPK 2728 K Vs DCIT, Central Circle-20, New Delhi. APPELLANT RESPONDENT Assessee represented by Ms. Laxmi Punie, Adv. & Ms. Sakshi, CA Department represented by Sh. Anurag S Daria Sr. DR Date of hearing 18.08.2025 Date of pronouncement 18.08.2025 O R D E R PER SATBEER SINGH GODARA, J.M: These assessee’s twin appeals ITA Nos. 33 & 34/Del/2025 for A.Y. 2009-10 & 2012-13 arise against Commissioner of Income-tax (Appeals)-26, New Delhi’s as many orders DIN No. 408; DCR 190/58 [Appeal No. 26/10034/2008-09) & DIN No. 407; DCR 189/58 [Appeal No. 26/10151/2011-12], both dated 06.11.2024, Printed from counselvise.com 2 ITA Nos. 33 & 34/Del/2025 respectively, in penalty proceedings u/s 271(1)(c) of the Income-tax Act, 1961, hereinafter referred to as the ‘Act’. Heard both the parties at length. Case files perused. 2. It emerges during the course of hearing that both the learned lower authorities have invoked section 271(1)(c) penalty provision in holding the assessee to have concealed and furnished inaccurate particulars of income; going by the corresponding incriminating material found/seized in the search herein dated 13.06.2018 conducted in M/s Pythhos Group. We make it clear that there is no dispute between the parties that the learned Assessing Officer had recorded his satisfaction and issued Section 153C notice to the assessee on 30.07.2021 i.e. in F.Y. 2021-22 (A.Y. 2022-23). This being the clinching factual position, we hereby quote Section 153C(1) first proviso that “ the reference to the date of search …… shall be construed as reference to the date of receiving the books of account or …..” which has been interpreted as the date of issuing Section 153C notice in PCIT v. Ojjus Medicare (P) Ltd. [2024] 465 ITR 101 (Delhi). 3. That being the case, we are of the considered view that the impugned former assessment year A.Y. 2009-10 is any way not covered the maximum time period of ten assessment years in Section 153C read with Section 153A(1) 1st proviso incorporating the statutory expression “and for the relevant assessment years(s)”; counted backward from the above date of search. The outcome would be hardly Printed from counselvise.com 3 ITA Nos. 33 & 34/Del/2025 different in the latter A.Y. 2012-13 as the learned lower authorities have not recorded their corresponding Section 153C satisfaction in specific format as per para 119(B) & (I) in their lordships’ discussions. We, therefore, see no merit in the learned lower authorities’ respective findings levying the impugned penalties in furtherance to Section 153C assessments, in the assessee’s hands which stand deleted in very terms. Ordered accordingly. All other pleadings on merits between the parties stand rendered academic. 4. These assessee’s twin appeals ITA Nos. 33 & 34/Del/2025 are allowed in above terms. A copy of this common order be placed in respective case files. Order pronounced in open court on 18.08.2025. Sd/- Sd/- (NAVEEN CHANDRA) (SATBEER SINGH GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 18.08.2025. *MP* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI Printed from counselvise.com "