Aditi Infrabuild & Services Ltd. vs DCIT, Central Circle-30 Delhi

Parties Involved

Facts Summary

The case involves a search and seizure operation conducted on 26.10.2020 at the premises of Sanjay Jain & Mehta Group, where two sets of Tally data were seized. One set contained cash receipts and expenditures, and details of commission ledgers under the name 'Jain Enterprises'. Based on this information, proceedings under section 153C of the Income Tax Act, 1961 were initiated against Aditi Infrabuild & Services Ltd. The assessee company had filed its return of income declaring nil income. Subsequently, an assessment order was passed determining the total income at INR 3,99,01,662/-. The assessee appealed against this order, which was dismissed by the Commissioner of Income Tax (Appeals). The assessee then appealed to the Tribunal on several grounds, primarily challenging the validity of the notice and assessment order under section 153C.…

Legal Issues

• 1. Validity of the notice under section 153C issued by the assessing officer.
• 2. Legality and jurisdiction of the notice under section 153C.
• 3. Validity of the satisfaction note recorded under section 153C.
• 4. Jurisdiction of the assessing officer to make additions under section 153C.
• 5. Confirmation of the addition by the Commissioner of Income Tax (Appeals).
• 6. Validity of the assessment order due to the absence of DIN.

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

Similar Judgements

• Sh. Ram Ready Mix Concrete Pvt. Ltd. and Kamdhenu Cement vs DCIT

  Delhi Bench 'E', New Delhi benchAY 2018-19, 2019-20, 2020-21, 2021-22, 2022-23Allowed

• Sh. Ashwani Jain Vs. DCIT

  Delhi Bench benchAY 2020-21 & 2021-22Partly Allowed

• Lalit Kumar Nagar Vs. DCIT Central Circle- 27 Delhi

• DCIT, Central Circle-03, New Delhi vs. Kunjan Arora

  Delhi Bench benchAY 2009-10Dismissed

• Meghna Banga Vs. DCIT, Central Circle-7

  Delhi Bench benchAY 2017-18Partly Allowed

• Sachin Vs. DCIT