UK PAINTS (OVERSEAS) LTD,NEW DELHI vs. ACIT CENTRAL CIRCLE-08, NEW DELHI

ITA 678/DEL/2020Status: DisposedITAT Delhi19 January 2024AY 2011-12Bench: Dr. B. R. R. Kumar, Accountant Member Sh. Yogesh Kumar US (Judicial Member)15 pages
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What did the Tribunal hold?

The Tribunal held that since the Revenue itself acknowledged that the additions made under Section 153C were not based on incriminating material and proposed to initiate proceedings under Section 148, the appeals assailing the Section 153C additions were liable to be allowed.

What were the facts?

The assessee appealed against the CIT(A)'s order upholding the AO's assumption of jurisdiction under Section 153C. The core issue was whether the documents seized were incriminating and whether the AO had validly assumed jurisdiction.

What were the issues?

Whether the Assessing Officer validly assumed jurisdiction under Section 153C without incriminating material. Whether the CIT(A) erred in upholding the AO's action despite the Revenue's subsequent admission.

Which sections of the Income-tax Act were involved?

Section 153C,Section 148,Section 148A

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Cases cited in this judgment(2)Show list

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Income Tax Appellate Tribunal, DELHI BENCH ‘H’, NEW DELHI

Before: Dr. B. R. R. KumarSh. Yogesh Kumar US

For Appellant: CA &
For Respondent: Ms. Sapna Bhatia, CIT-DR
Hearing: 06.11.2023Pronounced: 19.01.2024

Heard together (4 matters)

ITA No. 675/Del/2020
ITA No. 676/Del/2020
ITA No. 677/Del/2020
ITA No. 678/Del/2020

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

Per Dr. B. R. R. Kumar, Accountant Member:

The present appeals have been filed by the assessee against the orders of ld. CIT(A)-24, New Delhi dated 10.12.2019. 2. The common grounds have been raised by the assessee in ITA Nos. 675, 676, 677 & 678/Del/2020. In ITA No. 675/Del/2020, following grounds have been raised by the assessee:

“1) That the Ld. CIT(A) has erred in law and on facts and in the circumstances of the case in upholding the action of the AO in assuming juri

The order continues below.

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