SUNSHINE INFRATECH (P) LTD.,DELHI vs. DCIT, CENTRAL CIRCLE , NOIDA

Case called twice. None appears at the assessee’s behest. It is accordingly proceeded ex-parte.

The assessee pleads the following substantive grounds in the instant appeal: Sunshine Infratech (P) Ltd.

1 That orders passed by Id. Assessing officer and Id. CIT(A) are invalid and unlawful because of lack of valid satisfaction note as required under section 153C of the Act.

2 That orders passed by Id. Assessing officer and Id. CIT(A) are invalid and unlawful because satisfaction note is silent on juri ictional condition as to stated material have bearing on determination of total income of the assessee without which entire proceedings get vitiated.

3 That orders passed by Id. Assessing officer and Id. CIT(A) are invalid and unlawful because documents found in the search on 9/10/2013 as per applicable law under section 153C of the Act have not been proved to be belonging to the assessee in accordance with law, which make the satisfaction as invalid.

4 That orders passed by Id. Assessing officer and Id. CIT(A) are invalid and unlawful because purported satisfaction note is recorded for the sake mere investigation and deep scrutiny which is not in accordance with the provision of section 153C of the Act, which demand satisfaction should be recorded with certain level of certainty and cannot be left for fishing and roving inquiry.

5 That orders passed by Id. Assessing officer and Id. CIT(A) are invalid and unlawful because the order transferring the assessment juri iction u/s 127 of the Act dated 30.12.2015 is plainly passed in contradiction to the juri ictional requirement of having positive agreement between two CIT's/CCIT's, which is patently lacking in present case.

6 That orders passed by Id. Assessing officer and Id. CIT(A) are invalid and unlawful because order passed u/s 153C/143(3) of the Act is dispatched on 01/04/2016, which is clearly barred by limitation as per section 153B of the Act.

That Id. CIT(A) grossly erred in confirming the addition of Rs. 20 Crore without appreciating that documents on which basis huge addition has been made has no evidentry value under section 292C and section 132(4A) qua assessee here in most particularly, when there is complete lack of:- a. Statement (If any) of searched person on these documents recorded during search. Sunshine Infratech (P) Ltd.

1 That addition of Rs. 20 Crore on basis of stated seized documents is invalid as assessee has been denying from the beginning the contents of alleged MOU, which denial has not been controverted by the lower authorities.

2 That addition of Rs. 20 crore made. Confirmed by lower authorities on basis of stated MOU, which never crystallized as such no evidence worth name has been brought so as to establish that said MOU has actually acted upon, accordingly entire proceedings ate conducted on basis of Dumb Documents, contents of which has never been proved to be acted upon.

3 That addition of Rs. 20 crore made. Confirmed by lower authorities on the basis of stated MOU, is purely hypothetical addition made against the principal that only real income can be taxed.

Learned Sr. DR vehemently argues in light of the assessment findings that the Assessing Officer herein had rightly made addition of Rs.20 Cr. in the assessee’s hands in furtherance to the relevant incriminating material found/seized in the course of search action carried out on 09.10.2013. We note in this backdrop that the learned Assessing Officer’s assessment dated 29.03.2016 7. 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