NEELAM MAHESHWARI,DELHI V. DCIT, CENTRAL CIRCLE-31, NEW DELHI, DELHI

ITA 1184/DEL/2024

AI Insights

The case involves an appeal by Neelam Maheshwari against the order of the Commissioner of Income-tax (Appeals)-30, New Delhi, which arose from an assessment order passed by the DCIT, Central Circle-31, New Delhi. The primary contention was regarding the appropriate section under which the assessment for the year 2021-22 should be conducted. The assessee argued that the assessment should be under section 153C, following a search and seizure operation that led to the discovery of relevant documents pertaining to the assessee. The Tribunal examined the procedural adherence to the Income Tax Act concerning the transfer of records post-search and the subsequent assessment.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 23779 (ITAT-DELHI)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-03-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: E
• Assessment Year: 2021-2022
• Other Referred Cases: CIT vs. Jasjit Singh, 458 ITR 437 (SC)
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: AMIT KATOCH
• Assessee Lawyers: SOMIL AGARWAL; SHERY JAIN
• Section: 143(3); 132; 153C

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES : E : NEW DELHI BEFORE SHRI M. BALAGANESH, ACCOUNTANT MEMBER AND SHRI ANUBHAV SHARMA, JUDICIAL MEMBER ITA No.1184/Del/2024 Assessment Year: 2021-22 Neelam Maheshwari, B-16, Second Floor, Preet Vihar, Delhi – 110 092. PAN: AAUPM3201B Vs DCIT, Central Circle-31, New Delhi. (Appellant) (Respondent) Assessee by : Shri Somil Agarwal, Advocate & Shri Shery Jain, Advocate Revenue by : Shri Amit Katoch, Sr. DR Date of Hearing : 19.03.2025 Date of Pronouncement : 21.03.2025 ORDER PER ANUBHAV SHARMA, JM: This is an appeal preferred by the assessee against the order dated 31.01.2024 of the Commissioner of Income-tax (Appeals)-30, New Delhi (hereinafter referred as Ld. First Appellate Authority or in short Ld. ‘FAA’) in Appeal No.10106/2020-21 arising out of the appeal before it against the order dated 30.12.2022 passed u/s 143(3) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) by the DCIT, Central Circle-31, New Delhi (hereinafter referred to as the Ld. AO). ITA No.1184/Del/2024 2 2. On hearing both the sides, we find that amongst other grounds on merits, the assessee has challenged the impugned assessment order on the basis that the assessment for relevant year 2021-22 should have been concluded u/s 153C of the Act and not u/s 143(3) of the Act. 3. The ld. DR has although defended the assumption of jurisdiction, however, what we find is a search was conducted u/s 132 of the Act at the premises of Shri Parveen K. Jain on 06.01.2021 and the mobile phone of Shri Parveen K. Jain was seized. On the basis of his whatsapp chat, a transaction of sale of property was found which was relevant to the present assessee and that evidence was relied for making an addition on account of receipt of on money of Rs.62 lakhs. As a matter of admitted fact, on 19.09.2022, the record of the assessee was handed over by the jurisdictional AO of the searched person, Shri Parveen K. Jain to the AO of the present appellant and on 22.09.2022, a satisfaction was recorded by the AO of the present appellant. 4. It is now settled provision of law that as for the purpose of search assessments, the period of six years immediately preceding the assessment year relevant for the previous year in which search was conducted has to be reckoned from the date of receipt of documents by the AO of the assessee (other person) which in the case in hand is 19.09.2022. The search year in the case of the present assessee, thus, has to be construed as AY 2023-24. Reliance for the aforesaid proposition of law can be placed on the decision of the Hon’ble Supreme Court in the case of CIT vs. Jasjit Singh, 458 ITR 437 (SC). ITA No.1184/Del/2024 3 5. Thus, the year under consideration, i.e., AY 2021-22 falls within the block period of assessment to be framed u/s 153C of the Act whereas the ld. AO has completed this assessment u/s 143(3) of the Act based on the original date of search of 06.01.2021. 6. In the light of the aforesaid, we are inclined to decide the grounds No.1 to 3 in favour of the assessee. Consequently, the appeal of the assessee is allowed and the impugned assessment is quashed. Order pronounced in the open court on 21.03.2025. Sd/- Sd/- (M. BALAGANESH) (ANUBHAV SHARMA) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 21st March, 2025. dk Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR Asstt. Registrar, ITAT, New Delhi "