ACIT, CENTRAL CIRCLE, GHAZIABAD vs. P S ENTERPRISES, GHAZIABAD

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ITA 11/DEL/2023Status: DisposedITAT Delhi16 May 2025AY 2013-14Bench: Sh. Satbeer Singh Godara, Judicial Member & Sh. Naveen Chandra (Accountant Member)4 pages

In favour of the Revenue: the Revenue's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal found merit in the assessee's argument that the assessments were invalid. It was held that since the assessment years were "unabated" and no additions were made, the assessments should be quashed.

What were the facts?

The case involves a batch of eight appeals concerning M/s P. S. Enterprises for assessment years 2013-14 to 2016-17. The core issue revolves around the validity of assessments framed under Section 143(3) read with Section 153A of the Income Tax Act, arising from a search action.

What were the issues?

The primary issue was the validity of assessments framed under Section 143(3) r.w.s. 153A when the assessment years were unabated and no additions were made by the lower authorities.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 153A

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: Sh. Satbeer Singh Godara & Sh. Naveen Chandra

For Appellant: Dr. Rakesh Gupta, Adv. &
For Respondent: Ms. Nimisha Singh, CIT-DR
Hearing: 08.05.2025Pronounced: 16.05.2025

Heard together (8 matters)

ITA No. 2914/Del/2022
ITA No. 2915/Del/2022
ITA No. 2916/Del/2022
ITA No. 2917/Del/2022
ITA No. 11/Del/2023
ITA No. 12/Del/2023
ITA No. 13/Del/2023
ITA No. 14/Del/2023

Read from the judgment's own cause title. This page is filed under one of them.

Asstt. Year : 2013-14 : Asstt. Year : 2014-15 : Asstt. Year : 2015-16 ITA No. 14/Del/2023 : Asstt. Year : 2016-17 DCIT, Vs M/s P. S. Enterprises, Central Circle, 267, Loha Mandi, Bulandshahr Ghaziabad-201002 Road, Ghaziabad-201010 (APPELLANT) (RESPONDENT) PAN No. AACFP8035G Assessee by : Dr. Rakesh Gupta, Adv. & Sh. Deepesh Garg, Adv. Revenue by : Ms. Nimisha Singh, CIT-DR Date of Hearing: 08.05.2025 Date of Pronouncement: 16.05.2025 ORDER Per Bench: The instant batch of eight appeals pertains to the single assessee herein namely, M/s P. S. Enterprises. All other relevant details thereof stand tabulated as under:

ITA Nos. 2914 to 2917/Del/2022 2 to 14/Del/2023 P. S. Enterprises Sl. A.Y. Respondent Order passed Proceedings No. against u/s 1-2 2013-14 2914/Del/2022 P. S. DCIT CIT(A), Kanpur-4 143(3)/153A Enterprises DIN & order No. ITBA/APL/M/250/20 11/Del/2023 ACIT P. S. 22-23 / Enterprises 1046343707(1) Dated 10.10.2022 3-4 2014-15 2915/Del/2022 P. S. DCIT CIT(A), Kanpur-4 143(3)/153A Enterprises DIN & order No. 12/Del/2023 ACIT P. S. ITBA/APL/M/250/ Enterprises 2022-23 / 1046343793(1) Dated 10.10.2022 5-6 2015-16 2916/Del/2022 P. S. DCIT CIT(A), Kanpur-4 143(3)/153A Enterprises DIN & order No. ITBA/APL/M/250/20 13/Del/2023 ACIT P. S. Enterprises 22-23 / 1046343920(1) Dated 10.10.2022 7-8 2016-17 2917/Del/2022 P. S. DCIT CIT(A), Kanpur-4 143(3)/153A Enterprises DIN & order No. ITBA/APL/M/250/20 14/Del/2023 ACIT P. S. Enterprises 22-23 / 1046347773(1) Dated 10.10.2022

2.

Heard both the parties at length. Case files perused.

3.

Learned counsel submits at the outset that the assessee’s and Revenue’s four cross appeals each i.e. to to 14/Del/2023; for assessment years 2013-14 to 2016-17, respectively, involve the first and foremost issue of validity of all the corresponding assessments dated 29.09.2021 framed u/s 143(3) r.w.s. 153A of the Act arising from the department’s search action dated 30.07.2018 in M/s P. S. Enterprises group of cases.

4.

It is in this factual backdrop that the Revenue could hardly dispute the clinching factual position that all the impugned four assessment years 2013-14 to 2016-17, are to 2917/Del/2022 3 to 14/Del/2023 P. S. Enterprises “unabated” ones wherein no addition at all has been made by the learned lower authorities which is based on the specific seized material in light of PCIT vs. Abhisar Buildwell P. Ltd. (2023) 454 ITR 212 (SC). We thus see merit in the assessee’s instant first and foremost legal argument to quash all these four assessments dated 29.09.2021 in very terms.

5.

All other pleadings on merit in these cases stand rendered academic.

6.

To sum up, these assessee’s four appeals to 2917/Del/2022 are allowed and Revenue’s as many cross appeals to 14/Del/2023 are dismissed in above terms. A copy of this common order be placed in the respective case files.

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