UPRIGHT ENTERPRISES LTD.,FARIDABAD vs. DCIT, CENTRAL CIRCLE- 2, FARIDABAD
Income Tax Appellate Tribunal, DELHI BENCH ‘B’, NEW DELHI
Before: Sh. Satbeer Singh Godara & Sh. Manish Agarwal
Per Satbeer Singh Godara, Judicial Member:
This assessee’s appeal for Assessment Year 2013-14, arises against the CIT(A)-2,
Gurgaon’s in case
No.
IT/80/GGN/KNL/2015-16 dated 15.01.2018, in proceedings u/s 153B(1)(b) r.w.s. 143(3) of the Income Tax Act, 1961 (in short
“the Act”).
Heard both the parties at length. Case file perused.
It emerges during the course of hearing that there arises the first and foremost issue of validity of the impugned Upright Enterprises Ltd.
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assessment dated 24.03.2015 itself framed u/s 143(3) r.w.s.
153B(1)(b) of the Act in furtherance to the search operation carried out on 09.05.2012 in M/s SRS Group of cases. The assessee’s case is that the impugned assessment under normal provisions u/s 143(3) of the Act is not sustainable since framed in furtherance to above stated search. The Revenue’s vehement contention on the other hand seek to support the same on the ground that the assessment year herein 2013-14 happens to be the year of search only.
It is in this factual backdrop that we note that the very issue had arisen between the parties in assessee’s case itself ITA Nos. 2660 & 2664/Del/2018 decided on 12.06.2024 wherein the learned co-ordinate bench has already rejected the Revenue’s arguments supporting the same. All these clinching intervening development have gone un-rebutted from the Revenue side during the course of hearing. We thus hold that the impugned section 143(3) regular assessment framed in the assessee’s case is not sustainable in law which stands quashed in very terms. Ordered accordingly. Upright Enterprises Ltd.
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5. This assessee’s appeal is allowed.
Order Pronounced in the Open Court on 24/02/2025. (Manish Agarwal) (Satbeer Singh Godara)
Accountant Member Judicial Member
Dated: 24/02/2025
*Subodh Kumar, Sr. PS*