Jaideep Halwasiya Vs. ACIT, Central Circle 4(3)

Parties Involved

Facts Summary

The assessee, Jaideep Halwasiya, filed his return of income on 29.08.2019 declaring a total income of ₹25,22,240/-. The return was processed under section 143(1) of the Act on 29.10.2019. A search action was conducted by the Director of Income Tax (Investigation) Delhi on 06.02.2019 in the case of Shri Avtar Singh Kochar, during which incriminating materials were seized. These materials, including digital evidences, conversations, and WhatsApp Chats between Shri Avtar Singh Kochar and the assessee, were received by email on 26.09.2022 from the AO of the searched person. A satisfaction note dated 21.10.2021 was received by the AO of the assessee on 31.01.2022. Accordingly, proceedings under section 153C of the Act were initiated by issuing a notice dated 13.12.2022. The assessee complied with the notice by filing the return of income on 20.02.2023. Thereafter, notices under sections 143(2) and 142(1) of the Act were served, and the assessment was framed on 30.03.2023, making additions under section 69A and other heads.…

Legal Issues

• 1. Whether the delay in filing the appeal is condoned.
• 2. Whether the proceedings under section 153C of the Act initiated vide notice dated 13.12.2022 are valid.

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

Similar Judgements

• ITA No. 2284/KOL/2024 & CO No. 50/KOL/2024

  C Bench, Kolkata benchAY 2015-16Allowed

• Avtar Singh Kochar (AY: 2019-20)

  C Bench, Delhi benchAY 2019-20Allowed

• R. Viswanathan v. The DCIT, Central Circle-1(4), Chennai

• ACIT, CC-25 vs. Shri Bir Kumar Jain

  'A' Bench, Delhi benchAY 2019-20Dismissed

• DCIT vs. Meenakshi Khanna

• DCIT, Central Circle-3, New Delhi vs Udit Jain

  Delhi Bench 'G', New Delhi benchAY 2023-24Dismissed