M/s. Tanvir Collections Pvt. Ltd., New Delhi V. ACIT, New Delhi

ITA 2422/DEL/2014

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 86529 (ITAT-DELHI)
• Duration Of Justice: 8 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-01-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: H
• Next Hearing Date: 12-01-2015
• Assessment Year: 2004-2005
• Appeal Filed On: 21-04-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: P K SIDHU
• Keywords: Search and seizure
• Section: 153A; 132

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES : H : NEW DELHI BEFORE SHRI R.S. SYAL, AM AND SHRI A.T. VARKEY, JM ITA NOS.2422 TO 2426/DEL/2014 ASSESSMENT YEARS : 2004-05 TO 2008-09 TANVIR COLLECTIONS PVT. LTD., (NOW KNOWN AS RAHAB COLLECTIONS PVT. LTD.), RZ-61, GALI NO.25, INDIRA PARK, PALAM COLONY, NEW DELHI. PAN : AACCT6679D VS. ACIT, CENTRAL CIRCLE-21, NEW DELHI. ( APPELLANT ) ( RESPONDENT ) ASSESSEE BY : SHRI KAPIL GOEL, ADVOCATE DEPARTMENT BY : S MT. P.K. SIDHU, CIT, DR ORDER PER BENCH : THIS BATCH OF FIVE APPEALS BY THE ASSESSEE RELATES TO THE ASSESSMENT YEARS 2003-04 TO 2008-09. 2. SINCE COMMON ISSUES ARE RAISED IN THESE APPEALS, WE ARE PROCEEDING TO DISPOSE THEM OFF BY THIS CONSOLIDATED ORDER FOR THE SAKE OF CONVENIENCE. ITA NOS.2422 TO 2426/DEL/2014 2 3. THE ASSESSEE, THROUGH THE FIRST GROUND FOR ALL T HE YEARS, HAS CHALLENGED THE JURISDICTION OF THE ASSESSING OFFICE R IN FRAMING THE ASSESSMENT U/S 153C OF THE INCOME-TAX ACT, 1961 (HE REINAFTER ALSO CALLED THE ACT). 4. BRIEFLY STATED, THE FACTS OF THE CASE ARE THAT A SEARCH AND SEIZURE ACTION U/S 132 OF THE ACT WAS CARRIED OUT I N THE CASES OF SHRI B.K. DHINGRA, SMT. POONAM DHINGRA AND M/S MADHUSUDA N BUILDCON PVT. LTD. ON 20.10.08. THE AO HAS RECORDED IN THE I NSTANT ASSESSMENT ORDERS THAT DURING THE COURSE OF SEARCH ON THE ABOVE THREE PERSONS, CERTAIN DOCUMENTS BELONGING TO THE A SSESSEE WERE SEIZED. PROCEEDINGS WERE INITIATED AGAINST THE ASS ESSEE U/S 153C READ WITH SECTION 153A OF THE ACT ON THE BASIS OF S UCH DOCUMENTS AND FINAL INCOME WAS DETERMINED. THE ASSESSEE UNSUC CESSFULLY ARGUED BEFORE THE LD. CIT(A) THAT A PROPER SATISFAC TION WAS NOT RECORDED BY THE CORRECT AO BEFORE TAKING UP THE PRO CEEDINGS U/S 153C AGAINST THE ASSESSEE. THE LD. CIT(A) DISMISSE D THE APPEAL OF THE ASSESSEE ON ALL THE LEGAL ISSUES TAKEN UP BEFOR E HIM AND ALSO ON MERITS. 5. WE FIND THAT SIMILAR ISSUE ASSAILING THE LACK OF JURISDICTION HAS ALSO BEEN TAKEN UP BY THE ASSESSEE IN ITS APPEAL FO R THE A.Y. 2003- ITA NOS.2422 TO 2426/DEL/2014 3 04. IN FACT THE ARGUMENTS WERE ADVANCED BY BOTH THE SIDES IN THE APPEAL FOR THE A.Y.2003-04 AND FOR THE YEARS UNDER CONSIDERATION, SUCH ARGUMENTS HAVE BEEN ADOPTED BY THEM. VIDE OUR SEPARATE ORDER IN ITA NO.2421/DEL/2014 FOR THE A.Y. 2003-04 DATED TODAY ITSELF, WE HAVE DECIDED THIS ISSUE IN ASSESSEES FA VOUR. AS A CONSEQUENCE OF THAT, THE ASSESSMENT HAS BEEN QUASHE D. 6. FOLLOWING OUR DECISION FOR THE IMMEDIATELY PR ECEDING YEAR, WE ORDER THE QUASHING OF ASSESSMENTS FOR THE YEARS UND ER CONSIDERATION AS WELL. 7. IN THE RESULT, ALL THE APPEALS ARE ALLOWED. THE ORDER PRONOUNCED IN THE OPEN COURT ON 16.01.201 5. SD/- SD/- [ A.T. VARKEY ] [ R.S. SYAL ] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED, 16 TH JANUARY, 2015. DK COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR, ITAT AR, ITAT, NEW DELHI.