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DCIT, CC-30, New Delhi vs. Chattar Singh

Case No: ITA NOS. 1310 & 1311/Del/2020
Court: INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH “B”
Date: 1/8/2025

Parties Involved

appellantDCIT, CC-30, New Delhi
respondentChattar Singh

Facts Summary

The assessee, Chattar Singh, is engaged in the business of contracting and construction. The case involves scrutiny assessments for the years 2012-13 and 2013-14, where the Assessing Officer made substantial additions to the assessee's income based on documents and materials purportedly found during search and seizure actions. The assessee appealed these additions, arguing that they were not based on incriminating material found during the search. The Commissioner of Income Tax (Appeals) [CIT(A)] upheld the assessee's appeal, deleting the additions on the grounds that they were not supported by incriminating material. The Revenue then appealed to the Income Tax Appellate Tribunal (ITAT).

Decision in favour of

Assessee

Legal Issues

  • 1. Whether the assessment order is bad since this is an unabated assessment year and not based on any incriminating material found during the course of search?
  • 2. Whether assessment made only on the basis of DVO’s valuation report is a valid assessment u/s 153A for an unabated assessment year?
  • 3. Whether addition of Rs. 1,68,55,466/-, made on the basis of documents seized during the course of search in the case of Mr. Rajan Sharma is an incriminating material in the hands of the appellant?

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

3 precedents cited in this judgement.

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Version 2.0.1Last updated: October 2025
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