Amol Awasthi Vs. DCIT, Central Circle-I, New Delhi

Parties Involved

Facts Summary

Amol Awasthi, a Non Resident Indian (NRI) resident of Dubai, UAE, is challenging the final assessment orders passed under Section 144C and 153C r.w section 143(3) of the Income Tax Act, 1961, for the assessment years 2011-12, 2012-13, 2013-14, 2014-15, 2015-16, 2016-17, and 2018-19. The assessment was initiated based on incriminating evidence found during searches conducted on Sanjay Jain, Parvinder Singh Gahlaut, and Rajeev Saxena. The searches revealed that these individuals were involved in manipulating fertilizer prices in India. The assessee claims that the proceedings initiated against him were illegal and void ab initio, as the evidence did not directly implicate him and he was merely a pass-through entity.…

Legal Issues

• 1. Initiation of proceedings and completion of assessment under Section 153C of the Act is void ab initio.
• 2. Additions made are not based on any incriminating materials found as a result of search and seizure operation.
• 3. Completion of assessment under section 153C read with section 143(3) of the Act.

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

Similar Judgements

• DCIT, Central Circle-1, New Delhi vs. Udai Shanker Awasthi

  Delhi Bench benchAY 2011-12 to 2018-19Dismissed

• Gautam Sehgal vs. DCIT, Central Circle

  Delhi bench

• M/s JSP Projects Private Limited Vs DCIT, Central Circle-13

  Delhi Bench benchAY 2014-15Allowed

• R. Viswanathan v. The DCIT, Central Circle-1(4), Chennai

• Raghav Lekhi vs. AO, Central Circle-25

  Delhi Bench ‘G’ benchAY 2013-14Allowed

• ITA Nos.45, 46, 47, 48/Bang/2020 and ITA No.205/Bang/2022

  Bangalore Bench benchAY 2006-07 to 2010-11Partly Allowed