Loading judgment…
No AI summary yet for this case.
Income Tax Appellate Tribunal, DELHI BENCH ‘A’, NEW DELHI
आदेश आदेश PER SUSHMA CHOWLA, VP
The present appeal is filed by the assessee against order of CIT(A), Karnal relating to assessment years 2010-11 against the order passed under section 153A r.w.s 143(3) of the Income-tax Act, 1961 (in short ‘the Act’).
2 Assessment Year: 2010-11
The issue raised vide Ground No.1 is the juri ictional issue and we
proceed to address the same before adjudication of other issues raised on merits. Ground of appeal raised by the assessee is as under:-
“That having regard to the fact and circumstances of the case, Ld.CIT(A) has erred in law and on facts in confirming the action of Ld.AO in assuming juri iction and issuing of notice u/s 153A r.w.s. 153C of the Act, more so when the notice was issued in the name of non-existing entity.”
Briefly in the facts of the case, search u/s 132 of the Act was carried out
at the residential as well as business/office premises of M/s. SRS Group of cases on 09.05.2012. The Assessing Officer in accordance with provision of section 153C r.w.s 153A of the Act, issued notice dated 10.11.2014, requiring
it to file return of income in respect of Assessment Year 2010-11. In response
thereto, the assessee filed return of income declaring Rs.25,26,830/-.
Thereafter, the case of the assessee was taken up for scrutiny. An addition
was made in the hands of the assessee totaling Rs.47,46,688/-. The assessment order was passed in the name of the assessee i.e. M/s. Ahead
Enterprises Ltd.
Before the CIT(A), the assessee raised preliminary issue that the assessment order was not justified since the assessee’s company did not exist
on the date of issue of notice u/s 153C r.w.s. 153A of the Act. The case of the assessee before the CIT(A) was that no assessment Could be made in the name
of company, if its names had been struck off from the