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

PDF · subscribers
ITA/639/2015HC DelhiDLHC01302473201519 November 2015Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MR. JUSTICE VIBHU BAKHRU3 pages
AI SummaryDismissed

What did the High Court hold?

The Tribunal held that similar material in other cases was insufficient to frame assessments under Section 153 read with Section 143(2). Therefore, no substantial question of law arose in these appeals.

What were the facts?

Assessment proceedings were initiated under Section 153C of the Income Tax Act following a search. The basis for these proceedings was loose sheets comprising counterfoils of cheques.

What were the issues?

Whether loose sheets comprising cheque counterfoils are sufficient material to initiate assessment proceedings under Section 153C read with Section 143(2) of the Income Tax Act.

Which sections of the Income-tax Act were involved?

Section 153C,Section 153,Section 143(2)

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(1)Show list

Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.

$-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

More judgments on Section 153C

All 9,619 judgments and leading authorities on Section 153C →

Recent GST High Court judgments

Search GST case law →