Tavleen Resorts & SPA Pvt.Ltd. vs DCIT

Parties Involved

Facts Summary

The assessee, Tavleen Resorts & SPA Pvt.Ltd., is involved in the development of a resort-cum-hotel at Village Bhalawag, Chail-Kufri Road, Shimla, Himachal Pradesh. The assessee was subjected to a search and seizure operation under section 132 of the Income Tax Act, 1961 on 19.11.2018. Following the search, notices under section 153A of the Act were issued for respective assessment years. The assessee filed returns of income under section 153A, and assessments were framed under section 143(3) read with section 153A for assessment years 2014-15 to 2018-19. The Assessing Officer (AO) made various additions and disallowances during these assessments. Aggrieved by these additions, the assessee appealed to the Commissioner of Income Tax (Appeals) (CIT(A)), challenging the legality and merits of the additions. The CIT(A) dismissed the appeal, leading the assessee to further appeal to the Tribunal.…

Legal Issues

• 1. Whether the additions made by the AO under section 153A were justified in the absence of incriminating material found during the search.
• 2. Whether the approval granted by the Additional Commissioner of Income Tax (Addl. CIT) under section 153D was valid and in accordance with the law.

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

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