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

ITA 4768/DEL/2024Status: DisposedITAT Delhi06 August 2025AY 2015-16Bench: SHRI SHAMIM YAHYA (Accountant Member), SHRI SUDHIR PAREEK (Judicial Member)5 pages
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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)

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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.

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