KANCHANJUNGA POWER COMPANY PRIVATE LIMITED,DELHI V. DEPUTY COMMISSIONER OF INCOME TAX, NEW DELHI

ITA 2662/DEL/2025

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 779781 (ITAT-DELHI)
• Duration Of Justice: 5 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-10-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2019-2020
• Appeal Filed On: 22-04-2025
• Other Referred Cases: PCIT Vs. Abhisar Builwell P. Ltd. (2023) 454 ITR 212 (SC)
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ADJOURNMENT APPLICATION BY
• Assessee Lawyers: UPVAN GUPTA; VIRTUAL
• Section: 153A; 37

Judgement Text

"IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘B’, NEW DELHI Before Sh. Satbeer Singh Godara, Judicial Member & Sh. Manish Agarwal, Accountant Member ITA No. 2662/Del/2025 : Asstt. Year: 2019-20 Kanchanjunga Power Company Pvt. Ltd. Reg. Add A-26/5, First Floor, Street No. 8, West Vinod Nagar, Delhi-110092 (Correspondence Add. B-27, 3rd Floor, Sector-1, Noida-201301) Vs DCIT, Central Circle-31, New Delhi-110055 (APPELLANT) (RESPONDENT) PAN No. AABCK9368H Assessee by : Sh. Upvan Gupta, Adv. (Virtual) Revenue by : Adjournment Application by CIT DR Date of Hearing: 15.10.2025 Date of Pronouncement: 15.10.2025 ORDER Per Satbeer Singh Godara, Judicial Member: This assessee’s appeal for Assessment Year 2019-20, arises against the CIT(A)-30, New Delhi’s DIN & order No. ITBA/APL/S/250/2024-25/1073629479(1) dated 24.02.2025, in proceedings u/s 153C r.w.s. 153A of the Income Tax Act, 1961 (in short “the Act”). 2. Heard both the parties at length. Case file perused. 3. Coming to the assessee’s instant appeal, we note at the outset that the learned departmental authorities had conducted the search in question dated 01.11.2019 in M/s DNC Group of casesleading to initiation of Section 153C proceedings vide the Printed from counselvise.com ITA No. 2662/Del/2025 Kanchanjunga Power Company Pvt. Ltd. 2 Assessing Officer’s satisfaction/notice dated 12.10.2021 which finally culminated his assessment framed on 27.05.2022 disallowing the expenditure in question u/s 37 of the Act. There could be hardly any dispute that we are dealing with an “unabated” assessment as on the date of search which is the date of satisfaction u/s 153C(1) 1st proviso wherein any additions has to be made in the assessee’s hands based on the specific seized material only as per PCIT Vs. Abhisar Builwell P. Ltd. (2023) 454 ITR 212 (SC). 4. Learned CIT-DR at this stage seeks to postpone the hearing in the instant assessee’s appeal. We are of the considered view that given the fact that there is no addition made on the basis of seized material, we reject the Revenue’s adjournment to accept the assessee’s instant appeal in very terms. Ordered accordingly. 6. This assessee’s appeal is allowed. Order Pronounced in the Open Court on 15/10/2025. Sd/- Sd/- (Manish Agarwal) (Satbeer Singh Godara) Accountant Member Judicial Member Dated: 15/10/2025 *Subodh Kumar, Sr. PS* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR Printed from counselvise.com "