DCIT-CC-1, LUDHIANA vs. M/S AGYA RAM MANOHAR LAL, KHANNA

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ITA 247/CHANDI/2021Status: DisposedITAT Chandigarh22 April 2022AY 2012-131 pages

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

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal dismissed the Department's appeal on merits, finding no basis for adding unaccounted investment. Consequently, the assessee's cross-objection was treated as infructuous.

What were the facts?

The Department appealed against an ITAT order, arguing that unaccounted investment could be made in the hands of the assessee firm under Section 69. The assessee also filed a cross-objection challenging the assumption of jurisdiction under Section 153A and the validity of approval under Section 153D.

What were the issues?

Whether unaccounted investment can be added in the hands of the assessee firm. Whether the assumption of jurisdiction under Section 153A and approval under Section 153D were valid.

Which sections of the Income-tax Act were involved?

Section 69,Section 153A,Section 133A,Section 153D

AI-generated summary — verify with the full judgment below

ITA Nos. 247 -C-2021 & CO 28-C-2021, M/s Agya Ram ManoharLal, Khanna, 18 could be made in the hands of assessee firm u/s 69 as unaccounted investment during assessment year under consideration. The ground raised by the department is dismissed.

10.

0 In the result, the appeal of the department stands dismissed.

11.

0 In the CO, the assessee has challenged the assumption of juri iction on the ground that notice u/s 153A could not have been issued in a case covered by survey u/s 133A of the Act and secondly the assessment was bad in law as the approval obtained u/s 153D of the Act was a mere mechanical approval. However, we have already dismissed the appeal of the Department on merits and therefore, at this juncture, we are not inclined to comment/adjudicate on the assumption of juri iction by the AO u/s 153A and on issue of approval obtained u/s 153D of the Act and we treat the CO as in fructuous and dismiss it as such.

12.

0 In the final result, both the appeal of the Department as well as the CO of the assessee stand dismissed. Order pronounced on 22.04.2022. ( N.K. SAINI) Judicial Member Dated : 22.04.2022 “आर.के.” आदेशक"""त"ल"पअ"े"षत/ Copy of the order forwarded to : 1. अपीलाथ"/ The Appellant

2.

""यथ"/ The Respondent 3. आयकरआयु"त/ CIT 4. आयकरआयु"त (अपील)/ The CIT(A)

5.

"वभागीय""त"न"ध, आयकरअपील!यआ"धकरण, च$डीगढ़/ DR, ITAT, CHANDIGARH 6. गाड'फाईल/ Guard File आदेशानुसार/ By order, सहायकपंजीकार/

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