PAN REALTOERS PVT LTD,NEW DELHI vs. ACIT,CENTRAL CIRCLE-13, NEW DELHI

ITA 4767/DEL/2024Status: DisposedITAT Delhi06 August 2025AY 2014-15Bench: SHRI SHAMIM YAHYA (Accountant Member), SHRI SUDHIR PAREEK (Judicial Member)5 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the initiation of proceedings u/s 153C based on a third-party statement, where the assessee was denied cross-examination, is bad in law. The matter requires fresh examination by the AO.

What were the facts?

The assessee filed its return of income. A search operation was conducted, and incriminating documents were found. Notices u/s 153C and 143(2) were issued, and the AO assessed income higher than declared. The CIT(A) dismissed the assessee's appeal.

What were the issues?

Whether proceedings initiated u/s 153C based on a third-party statement, without providing an opportunity for cross-examination to the assessee, are valid.

Which sections of the Income-tax Act were involved?

Section 153C,Section 131,Section 68,Section 115BBE,Section 37,Section 69C,Section 139,Section 132,Section 143(2)

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(1)Show list

Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.

Income Tax Appellate Tribunal, DELHI BENCH: ‘F’: NEW DELHI

Before: SHRI SHAMIM YAHYA & SHRI SUDHIR PAREEK

For Respondent: Ms. Monika Singh, CIT(DR)
Hearing: 03.07.2025Pronounced: 06.08.2025

PER SUDHIR PAREEK, JM:

The aforecaptioned appeals have been preferred by the same Assessee/Appellant against the common order of the Ld. Commissioner of Income -tax (Appeals)-26, New Delhi, ([in short (Ld.

ITA Nos.- 4767 & 4768/Del/2024 PAN Realtors Pvt. Ltd. CIT(A)] dated 23.08.2024 for the Assessment Years 2014-15 and 2015-16. Since identical issues are involved in both the appeals, they are disposed of by this consolidated order for the sake of convenience and brevity.

1.

1 The Assessee/appellant has raised the following grounds of appeal for adjudication:

ITA No.- 4767/Del/2024

“ 1.That the proceedings initiated u/s 153 C is not o

The order continues below.

Read the full judgment

A free account opens 10 full judgments a month. Re-reading one you have already opened does not count again.

Create a free accountSign in

See plans and prices

The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.

More judgments on Section 153C

All 9,619 judgments and leading authorities on Section 153C →

Recent GST High Court judgments

Search GST case law →