COMMISSIONER OF INCOME TAX DELHI VII vs. POLE STAR SECURITIES PVT LTD

$-13 to 18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 398/2015 COMMISSIONER OF INCOME TAX DELHI VII Appellant Through: Mr.Ajit Sharma, Junior counsel for Mr..P Roy Chaudhari, Sr. Counsel Versus POLE STAR SECURITIES PVT LTD Respondent Through: Mr.Vikas Jain, Advocate WITH + ITA 400/2015 COMMISSIONER OF INCOME TAX DELHI VII Appellant Through: Mr.Ajit Sharma, Junior counsel for Mr..P Roy Chaudhari, Sr. Counsel Versus POLE STAR SECURITIES PVT LTD Respondent Through: Mr.Vikas Jain, Advocate WITH ITA 403/2015 COMMISSIONER OF INCOME TAX DELHI VII Appellant Through: Mr.Ajit Sharma, Junior counsel for Mr..P Roy Chaudhari, Sr. Counsel Versus POLE STAR SECURITIES PVT LTD Respondent Through: Mr. Vikas Jain, Advocate. WITH ITA Nos. 398, 400, 403, 532, 636 & 639/2015 Page 1 of 3 Digitally Signed By:AMULYA Signature Not Verified

+ ITA 532/2015 COMMISSIONER OF INCOME TAX DELHI VII Appellant Through: Mr.Ajit Sharma, Junior counsel for Mr..P Roy Chaudhari, Sr. Counsel Versus POLE STAR SECURITIES PVT LTD Respondent Through: Mr. Vikas Jain, Advocate. WITH + ITA 636/2015 COMMISSIONER OF INCOME TAX DELHI VII Appellant Through: Mr.Ajit Sharma, Junior counsel for Mr..P Roy Chaudhari, Sr. Counsel Versus POLE STAR SECURITIES PVT LTD Respondent Through: Mr. Vikas Jain, Advocate. AND + ITA 639/2015 COMMISSIONER OF INCOME TAX DELHI VII Appellant Through: Mr.Ajit Sharma, Jr. Counsel for Mr.P Roy Chaudhari, Sr. Counsel versus POLE STAR SECURITIES PVT LTD Respondent Through: Mr.Vikas Jain, Advocate CORAM: JUSTICE S. MURALIDHAR JUSTICE VIBHU BAKHRU ITA Nos. 398, 400, 403, 532, 636 & 639/2015 Page 2 of 3

7 ORDER % 19.11.2015 1. The assessment proceedings in these cases were initiated also as a result of the search conducted on 20^*^ October 2008, in the case of Shri B.K. Dhingra, Smt.Poonam Dhingra and M/s Madhusudan Buildcon Pvt. Ltd. The material on the basis of which the proceedings commenced under Section 153 C of the Income Tax Act 1961 were loose sheets comprising counterfoils of cheques. Similar kind of materials, in respect of certain other Assessees, who were sought to be proceeded against as a result of the same search proceedings, were held to be insufficient to frame the assessment under Section 153 read with Section 143 (2) of the Act in Commissioner of Income Tax -7 v. RRJ Securities Ltd. (2015) 62 Taxmann.com 391 (Del) and the decision dated 5th November 2015 in ITA No. 171 of 2015 {Commissioner of Income Tax -7 v. M/s. Refam Management Services P Ltd.). 2. Consequently, no substantial question of law arises in these cases. 3.The appeals are accordingly dismissed. S. MURALIDHAR, J VIBHU BAKHRU, J NOVEMBER 19,2015 "ns' ITA Nos. 398, 400, 403, 532, 636 & 639/2015 Page 3 of 3