Lalit Kumar Nagar Vs. DCIT Central Circle- 27 Delhi

Parties Involved

Facts Summary

These appeals are filed by the revenue against different orders of the Ld. CIT(A), Delhi for the A.Y. 2013-14 to 2019-20, arising out of the assessment orders passed u/s.143(3) r.w.s. 153C of the Act. The assessee has challenged the order of the Ld. CIT(A) in sustaining the additions/ disallowances made by the AO by dismissing the appeals of the assessee, on various legal grounds as the Assessment order is bad in law and also grounds on merits of the additions/ disallowance made. The assessee mainly challenges the assessment framed u/s.153C of the Act as illegal, void ab initio and time barred for the reason that the provision u/s.153C of the Act were not operative w.e.f. 01.04.2021 as the satisfaction note recorded u/s.153C of the Act by the AO is after 01.04.2021 i.e. recorded on 12.11.2021 based on which the notice issued u/s.153C of the Act was issued on 27.03.2022.…

Legal Issues

• 1. Validity of the assumption of jurisdiction under section 153C of the Income Tax Act.
• 2. Legality and validity of the assessment order due to the date of the satisfaction note u/s 153C.
• 3. Whether the assessment framed u/s 153C is illegal, void ab initio, and time-barred.
• 4. Validity of the mandatory approval granted u/s 153D of the Act.

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

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