M/s Confident Distributors Pvt Ltd Vs DCIT

Parties Involved

Facts Summary

The assessee company, M/s Confident Distributors Pvt Ltd, filed its return of income for A.Y. 2013-14 declaring income at Rs 7,880/-. Subsequently, search and seizure operations were conducted on 29-12-2015 at the residential and office premises of Mapsko Group. A notice u/s 153A of the Act was issued to the assessee on 15-10-2016 to file the return of income for A.Y. 2013-14. In response, the assessee filed a reply on 21-09-2017 requesting to treat the return of income filed u/s 139(1) of the Act. The Assessing Officer issued notices u/s 143(2) and u/s 142(1) of the Act and completed the assessment by making an addition of Rs.31,60,00,000/-. Aggrieved by the order of the A.O., the assessee filed an appeal before the Ld. Commissioner of Income Tax (Appeals), who dismissed the appeal on 17-05-2024. The assessee then appealed before the tribunal.…

Legal Issues

• 1. Whether the assessment order passed by the learned Commissioner of Income Tax (Appeals) is bad both in the eye of law and on facts.
• 2. Whether the assessment order passed under section 153A of the Act is without jurisdiction, void ab initio, illegal and deserved to be quashed.
• 3. Whether the assessment proceedings initiated and consequently assessment order passed under section 153A of the Act by the learned AO is bad and liable to be quashed in the absence of any warrant of authorization for search under section 132 of the Act executed in the name of the assessee.
• 4. Whether the additions made by the AO under Section 153A are bad in law in the absence of any incriminating material belonging to the assessee being found during the course of the search.
• 5. Whether the order passed by the AO without obtaining valid prior approval under section 153D of the Income Tax Act is bad in law.
• 6. Whether the assessment of the assessee shall be completed by following the procedure prescribed under section 153C of the Act and not under section 153A of the Act.

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

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