DCIT v. Anshu Infotech LLP

Parties Involved

Facts Summary

The assessee, Anshu Infotech LLP, filed an income return on 03.01.2013 declaring income of Rs. 60,900/-. The Government of India, Ministry of Corporate Affairs, Registrar, ROC-Delhi issued a Certificate of Registration on conversion of 'Anshu Infotech Private Limited' to 'Anshu Infotech LLP' on 02.04.2013. A search and seizure operation was conducted by the Revenue under Section 132 of the Income-tax Act, 1961 on 18.10.2019 on Alankit Group, Sh. Alok K Agarwal, his son Ankit Agarwal, and some of their close associates and key employees. Several incriminating materials were found and seized during the search operations, indicating that Sh. Alok Agarwal facilitated acquisition of shares of several shell entities for benefit of his own group as well as his known associates and clients. The case of the assessee was centralized to Central Circle-28, New Delhi. Notice under Section 153C was issued to the assessee on 13.07.2022, and satisfaction note was recorded on 04.10.2023. The Assessing Officer made detailed enquiries and analysis before making additions in the hands of the assessee, which culminated into an assessment order dated 23.03.2024. The assessee filed an appeal before the Commissioner of Income Tax (Appeals) which was dismissed. The Revenue then filed an appeal with the Income Tax Appellate Tribunal.…

Legal Issues

• 1. Whether the Commissioner of Income Tax (Appeals) was justified in relying upon the judgment of the Hon'ble Delhi High Court in the case of PCIT, Central 1. Delhi vs Ojjus Medicare Pvt. Ltd. (ITA No. 52 of 2024)?
• 2. Whether the block periods for assessment under Section 153C of the Income-tax Act, 1961 have to be calculated from the date of satisfaction note or the date of issue of Notice under Section 153C?
• 3. Whether the block periods for assessment under Section 153C have to be calculated from the date of initiation of search?
• 4. Whether the order of the Commissioner of Income Tax (Appeals) is perverse, erroneous and not tenable on facts and in law?

Judgment Outcome

Decided in favour of Revenue.

Precedents Relied Upon

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