ITA Nos. 7442, 5952 & 5957/Del/2018

Parties Involved

Facts Summary

The three appeals arise from the order of the Commissioner of Income Tax (Appeals)-29, New Delhi in respective assessment orders passed by the Assessing Officer. A search and seizure operation under section 132 of the Income Tax Act, 1961 was carried out on Shri Sajan Kumar Jain and Shri Pradeep Kumar Jindal group of cases including the captioned assessees on 18.11.2015. Consequently, notice under section 153A of the Act was issued seeking to assess the income of the assessee under the provisions of section 153A of the Act. Assessments were carried out in the captioned appeals under section 153A read with Section 143(3) of the Act and certain additions/disallowances were made. The action of the AO was confirmed by the CIT(A) in the first appeal. The assessee has knocked the door of the Tribunal against the impugned first appellate orders in respective appeals.…

Legal Issues

• 1. Whether the Revenue is entitled to interfere with an unabated assessment which stood concluded either under section 143(1) or under section 143(3) and not pending at the time of search in the absence of any incriminating material unearthed as a result of search in the case of assessee.

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

Similar Judgements

• Om Prakash Tantia Vs. DCIT

  Delhi Bench benchAY 2015-16Allowed

• ITA Nos.457/Del/2024 & Others

  Delhi Bench ‘E’, New Delhi benchAY 2012-13, 2013-14, 2014-15, 2015-16, 2016-17Allowed

• Neha Gupta Vs Assistant Commissioner of Income Tax

  Delhi Bench benchAY 2014-15 and 2015-16Allowed

• Ms. Asha Gupta Vs. DCIT

  Delhi Bench benchAY 2021-22Allowed

• Sunil Jindal Vs. DCIT

• ITA Nos. 5727-5730 & CO 239-242/Del/2025

  Delhi Bench benchAY 2018-19, 2019-20, 2020-21 & 2021-22Dismissed