Deputy Commissioner of Income Tax, Delhi. Vs. E-Homes Infrastructure Pvt. Ltd.

Parties Involved

Facts Summary

This appeal arises from the order of the Learned Commissioner of Income Tax (Appeals)-30, New Delhi dated 17.01.2025 against the order passed by Dy. Commissioner of Income Tax, Central Circle-31, New Delhi under Section 143(3) of the Income Tax Act, 1961 on 30.12.2022. A search and seizure operation under Section 132 of the Act was carried out in Hans Group of Cases by the Investigation Wing, New Delhi on 6-1-2021. During the search operation of Mr. Parveen K. Jain, certain seized assets and documents/digital data related to the Assessee were found. The AO recorded satisfaction on 27-09-2022 that these seized materials related to the Assessee. Consequently, the AO recorded a satisfaction note under Section 153C of the Act for assessment years 2015-16 to 2021-22. A consolidated satisfaction note dated 30-09-2022 was recorded for initiating proceedings under Section 153C of the Act. The regular scrutiny assessment for assessment year 2021-22, which was pending as on 30-09-2022, gets abated.…

Legal Issues

• 1. Whether the Ld. CIT (A) has erred in deleting the addition of Rs. 3,52,38,000/- u/s 28 of the Income Tax Act.
• 2. Whether the computation of the block period under Sections 153C and 153A aligns with legislative intent and procedural flexibility.
• 3. Whether the Ld. CIT (A) erred in relying on certain judgments and ignoring pending adjudications in the Supreme Court.
• 4. Whether the Ld. CIT(A) was justified in holding that block periods for assessment u/s 153C have to be calculated from the date of receipt of the books of accounts, documents or assets seized.
• 5. Whether the order of the CIT (A) is perverse, erroneous and not tenable on facts and in law.

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

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