M/s Om Shiv Buildtech Pvt. Ltd., New Delhi V. ACIT, New Delhi

CO 200/DEL/2016

AI Insights

The case involves the Income Tax Department (ACIT Central Circle-14) as the appellant and M/s Om Shiv Builtech Pvt. Ltd. as the respondent. The dispute arose from an assessment order passed under sections 144 and 153A of the Income Tax Act, 1961, following a search operation at the company's premises. The initial assessment determined a total income significantly higher than reported by the company. The company appealed this assessment, and the CIT(A) provided partial relief. Both parties then appealed to the Income Tax Appellate Tribunal. The tribunal's decision to annul the assessment was primarily due to the improper procedural approval under section 153D, rendering the subsequent assessments and appeals moot.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 130689 (ITAT-DELHI)
• Duration Of Justice: 7 year(s) 2 month(s) 20 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 29-08-2023
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 02-08-2023
• Assessment Year: 2007-2008
• Appeal Filed On: 08-06-2016
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Revision of order
• Section: 144; 153A; 264

Judgement Text

Page 1 of 4 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘A’: NEW DELHI BEFORE, SHRI M. BALAGANESH, ACCOUNTANT MEMBER AND SHRI ANUBHAV SHARMA, JUDICIAL MEMBER ITA No.1979/Del/2016 (ASSESSMENT YEAR 2007-08) ACIT Central Circle-14 Vs. M/s Om Shiv Builtech Pvt. Ltd. Flat No.4, R.R. Apartment 3-4, Manglapuri Mehrauli, New Delhi-110 030 PAN-AAACO 7989B (Appellant) (Respondent) C.O.No.200/Del/2016 (Arising out of ITA No.1979/Del/2016) (ASSESSMENT YEAR 2007-08) M/s Om Shiv Builtech Pvt. Ltd. Flat No.4, R.R. Apartment 3-4, Manglapuri Mehrauli, New Delhi-110 030 PAN-AAACO 7989B Vs. ACIT Central Circle-14 (Cross Objector) (Respondent) Appellant by Sh. P. Praveen Sidharth, CIT-DR Respondent by Ms. Monika Agarwal, Advocate Date of Hearing 03/08/2023 Date of Pronouncement 30/08/2023 ITA No.1979/Del/2026 & C.O. No.200/Del/2016 ACIT vs. M/s Om Shanti Builtech Pvt. Ltd. Page 2 of 4 ORDER PER M. BALAGANESH AM: This appeal of the Revenue arises out of the order of the Learned Commissioner of Income Tax (Appeals)-XXVI, New Delhi, [hereinafter referred to as ‘Ld. CIT(A)’] in Appeal No.413/13-14 dated 18/01/2016 against the order passed by Ld. Deputy Commissioner of Income Tax, Central Circle-15, New Delhi (hereinafter referred to as the ‘Ld. AO’) u/s 144 r.w.s.153A of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) on 21/03/2013. 2. We have heard the rival submissions and perused the materials available on record. The assessee is a company dealing in real estate land trading and development. A search was conducted at the office premises of the company on 31.01.2008 and accordingly notice u/s 153A of the Act was issued on 19.06.2009 and assessment was completed u/s 144 r,w,s 153A consequent upon order u/s 264 of the Act dated 21.03.2013 determining total income at Rs 4,67,73,448/-. In first appeal, the assessee obtained partial relief. Against the order of the ld. CIT(A), the assessee as ITA No.1979/Del/2026 & C.O. No.200/Del/2016 ACIT vs. M/s Om Shanti Builtech Pvt. Ltd. Page 3 of 4 well as the revenue preferred appeals before this tribunal. In addition to this, the assessee also filed cross objections before us. The assessee appeal in ITA No. 1586/Del/2016 for A.Y. 2007-08 was disposed off by this tribunal vide order dated 08.02.2023 wherein the entire assessment was annulled on the ground that approval u/s 153D of the Act was granted by the Additional Commissioner of Income Tax in a mechanical manner after placing reliance on various decisions of Hon’ble High Courts. Since the entire assessment is annulled, the revenue appeal and assessee’s cross objections would also become infructuous and accordingly dismissed. 3. In the result, the appeal of the revenue is dismissed and cross objections of the assessee is dismissed. Order pronounced in the open court on 30 th August, 2023. Sd/- Sd/- (ANUBHAV SHARMA) (M. BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated:30/08/2023 Pk/sps Copy forwarded to: 1. Appellant 2. Respondent 3. CIT ITA No.1979/Del/2026 & C.O. No.200/Del/2016 ACIT vs. M/s Om Shanti Builtech Pvt. Ltd. Page 4 of 4 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI