DCIT, New Delhi V. M/s. Gen X Commodities (P) Ltd., New Delhi

ITA 3326/DEL/2016

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 5866 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 7 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-01-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2007-2008
• Appeal Filed On: 06-06-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 153A; 6

Judgement Text

PAGE | 1 INCOME TAX APPELLATE TRIBUNAL DELHI BENCH D : NEW DELHI BEFORE MS. S UCHITRA KAMBLE, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER ITA NO. 33 26 & 3327 /DEL/2016 (ASSESSMENT YEAR S : 200 7 - 0 8 TO 200 9 - 1 0 ) D Y. CIT, CENTRAL CIRCLE - 29 , NEW DELHI VS. M/S . GEN X COMMODITIES (PRIVATE) LIMITED, FA - 45, SHIVAJI ENCLAVE, NEW DELHI 110 0 2 7. PAN: A A A CJ 2992B (APPELLANT) (RESPONDENT) REVENUE BY : SHRI J. K. MISHRA [ CIT ] DR ; ASSESSEE BY: SHRI VED JAIN, ADV.; & SHRI AKSHIT GOEL, C. A. DATE OF HEARING 0 7/01/2020 DATE OF PRONOUNCEMENT 3 1 / 01 / 2020 O R D E R PER PRASHANT MAHARISHI , A. M. : ITA. NO S . 332 6 AND 3327 (DEL) OF 2016 FOR ASSESSMENT YEAR S 200 7 - 0 8 AND 2009 - 10 AGAINST THE ORDER OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS) - 30 , NEW DELHI, DATED 30.03.2016 FOR BOTH THE YEARS. 2. THE FACTS IN BOTH THE CASES IN BOTH THESE YEARS ALSO RELATE TO SEARCH ON JAYPEE GROUP DATED 30.03.2012. PURSUANT TO SEARCH ASSESSMENT UNDER SECTION 153A OF THE INCOME TAX ACT, 1961 (THE ACT) FOR ASSESSMENT YEAR 2007 - 08 WAS PASSED ON 31.03.2015 DETERMINING TOTAL INCOME OF THE ASSESSEE AT PAGE | 2 RS. 6,67,18,548/ - AGAINST THE ASSESSED INCOME AS PER ORDER DATED 31.12.2009 OF RS.1,73,37,891/ - . 3. SIMILARLY FOR ASSESSMENT YEAR 2009 - 10 ASSESSMENT UNDER SECTION 153A OF THE ACT WAS PASSED ON 31.03.2015 DETERMINING TOTAL INCOME OF T HE ASSESSEE AT RS.65,73,74,610/ - AGAINST THE ORIGINALLY ASSESSED INCOME BY ORDER DATED 19.12.2011 AT RS.1,62,91,890/ - . 4. FOR BOTH THE YEARS APPEALS WERE PREFERRED BEFORE THE LEARNED CIT (APPEALS) WHO HELD THAT THESE ARE CONCLUDED ASSESSMENTS AND NOT A BATE AS ON THE DATE OF SEARCH. HE FOUND THAT ADDITIONS MADE BY THE LEARNED ASSESSING OFFICER WERE NOT BASED ON ANY INCRIMINATING DOCUMENT FOUND DURING THE COURSE OF SEARCH. THEREFORE, HE DELETED THE SAME FOLLOWING THE DECISION OF THE HON BLE DELHI HIGH C OURT IN CIT VS. KABUL CHAWLA 61 TAXMANN.COM 412 (DEL). 5. FOR BOTH THE YEARS ASSESSING OFFICER IS IN APPEAL STATING THAT THE DECISION OF THE HON BLE DELHI HIGH COURT HAS NOT BEEN ACCEPTED BY THE REVENUE AND ARE CHALLENGED BEFORE THE HON BLE SUPREME CO URT BY FILING AN SLP. THE LEARNED AUTHORIZED REPRESETATIVE SUPPORTED THE ORDER OF THE LEARNED CIT (APPEALS). 6 . WE HAVE CAREFULLY CONSIDERED THE RIVAL CONTENTION S AND PERUSED THE ORDERS OF THE LOWER AUTHORITIES. A PPARENTLY IN THIS CASE BOTH THE ASSESSMENTS ARE CONCLUDED ASSESSMENTS AND ADDITIONS HAVE BEEN MADE BY THE LEARNED ASSESSING OFFICER WITHOUT SHOWING ANY INCRIMINATING MATERIAL FOUND DURING THE COURSE OF SEARCH. THE LEARNED CIT (APPEALS) RELYING ON THE DECISION OF THE HON BLE DELHI HIGH C OURT DELETED THE SAME. EVEN AT THE STAGE OF ARGUMENTS BEFORE US THE REVENUE COULD NOT SHOW EXISTENCE OF ANY INCRIMINATING MATERIAL AS WELL AS THAT THE ASSESSMENTS ARE NOT CONCLUDED. IN VIEW OF THIS WE DO NOT FIND ANY INFIRMITY IN THE ORDER OF THE LEARNED CIT (APPEALS) IN FOLLOWING THE DECISION OF THE HON BLE DELHI HIGH COURT IN CIT VS. KABUL CHAWLA (SUPRA). THUS, PAGE | 3 THE ORDER OF THE LEARNED CIT (APPEALS) ARE CONFIRMED FOR BOTH THE YEARS AND APPEAL OF THE REVENUE FOR BOTH THE YEARS ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON : 3 1 / 01 / 2020 . SD/ - SD/ - ( S UCHITRA KAMBLE ) (PRASHANT MAHARISHI) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 3 1 / 01 / 2020 . *MEHTA* COPY FORWARDED TO 1 . APP ELLANT 2 . RESPONDENT 3 . CIT 4 . CIT (A PPEALS ) 5 . DR:ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI PAGE | 4 DATE OF DICTATION 31 .01.2020 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 3 1 .01.2020 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER 3 1 .01.2020 DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. PS / PS 3 1 .01.2020 DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT 3 1 .01.2020 DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. PS / PS 3 1 .01.2020 DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WEBSITE OF ITAT 3 1 .01.2020 DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 3 1 .01.2020 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER