ITA No.1093/Del/2024 & CO No.75/Del/2024

Parties Involved

Facts Summary

The case involves an appeal by the Revenue against the first appellate order of the Commissioner of Income Tax (Appeals) dated 22.12.2023, which arose from the assessment order dated 09.07.2019 passed by the Deputy Commissioner of Income Tax, Central Circle-II, Faridabad under Section 153A(1)(b) of the Income Tax Act, 1961 concerning Assessment Year 2011-12. The assessee, Manglam Multiplex Pvt. Ltd., filed cross objections against the Revenue's appeal, contending that the assessment for the year 2011-12 was barred by limitation under Section 153C of the Act. The assessee argued that the satisfaction note prepared by the Assessing Officer was vague and did not identify the undisclosed income for the year 2011-12. The Revenue relied on the orders of the lower authorities. The Tribunal considered the submissions and material on record and found that the assessment for the year 2011-12 was barred by limitation and quashed the assessment order. The Tribunal also found that the additions made by the Assessing Officer were not based on any incriminating material and were thus unsustainable.…

Legal Issues

• 1. Whether the assessment for the year 2011-12 is barred by limitation under Section 153C of the Act?
• 2. Whether the additions made by the Assessing Officer are sustainable under Section 153C of the Act?

Judgment Outcome

Decided in favour of Partly Assessee / Partly Revenue.

Precedents Relied Upon

Similar Judgements

• 3D Tradex P.Ltd vs ADIT, CPC, Bengaluru and ACIT, Circle-1(1)(1) Meerut, U.P

  Delhi 'E' Bench: New Delhi benchAY 2010-11 to 2015-16Allowed

• Home Concepts vs Deputy Commissioner of Income Tax, Central Circle-2

  Delhi Bench benchAY 2015-16Allowed

• Sri Sat Sahib Housing and Infrastructure Development company vs DCIT/ACIT

  Delhi Bench benchAY 2008-09, 2009-10, 2010-11Allowed

• Elan Limited vs. Deputy Commissioner of Income Tax, Central Circle-7

  Delhi Bench benchAY 2018-19Allowed

• Vee Gee Industrial Enterprises Pvt. Ltd. vs. DCIT, Central Circle

• KGR Enterprises Pvt Ltd and Others vs Deputy Commissioner of Income-tax

  Mumbai bench