M/S TJR PROPERTIES PVT. LTD.,CHANDIGARH vs. ACIT, CC-2, CHANDIGARH

ITA 738/CHANDI/2022Status: DisposedITAT Chandigarh22 February 2024AY 2016-17Bench: SHRI A.D. JAIN (Vice President), SHRI VIKRAM SINGH YADAV (Accountant Member)40 pages
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What did the Tribunal hold?

The Tribunal held that the assessment proceedings under Section 153A were not valid as no search was conducted on the assessee company. It also deleted the additions made under Section 68 and the disallowance of depreciation, finding them to be unjustified and made without proper application of mind.

What were the facts?

The assessee's appeal concerns the assessment year 2016-17. The primary issue is whether the assessment proceedings under Section 153A were valid, as the assessee claims no search was conducted on its premises. Additionally, the appeal challenges additions made under Section 68 and disallowance of depreciation.

What were the issues?

The key issues are the validity of assessment proceedings initiated under Section 153A without a search, and the justification for additions made under Section 68 and disallowance of depreciation.

Which sections of the Income-tax Act were involved?

Section 153A,Section 132,Section 68

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Cases cited in this judgment(8)Show list

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Cause title — parties, addresses and appearances
आयकर अपील"य अ"धकरण,च"डीगढ़ "यायपीठ,च"डीगढ़ IN THE INCOME TAX APPELLATE TRIBUNAL DIVISION BENCH, ‘B’, CHANDIGARH BEFORE SHRI A.D. JAIN, VICE PRESIDENT & SHRI VIKRAM SINGH YADAV, ACCOUNTANT MEMBER आयकर अपील सं./ITA No 738/CHD/2022 "नधा"रण वष" / Assessment Year : 2016-17 M/s TJR Properties Private Limited, Vs. The DCIT, SCO 80-81, Sector 17-C, Central Circle-2, बनाम Chandigarh. Chandigarh "थायी लेखा सं./PAN No:AACCT8364R अपीलाथ"/Appellant ""यथ"/Respondent "नधा"रती क" ओर से/Assessee by : Sh. Rohit Goyal, CA & Sh. T.N. Singla, CA राज"व क" ओर से/ Revenue by : Smt. Kusum, CIT-DR तार"ख/Date of Hearing : 16.01.2024 उदघोषणा क" तार"ख/Date of Pronouncement : 22.02.2024 HYBRID HEARING

आदेश/Order

PER A.D.JAIN, VICE PRESIDENT

This is assessee's appeal against the order dated 30.11.2022 of the ld.CIT (A)-3, Gurgaon pertaining to 2016- 17 assessment year.

2.

The assessee has taken the following grounds of appeal:-

ITA 738/CHD/2022 A.Y. 2016-17 2

1.

That the order of Learned C.I.T. (A) is bad and against the facts and Law.

2.

That the learned C.I.T.(A) assessment completed u/s 153 A of the Income Tax Act, 1961, which is against the provisions of the law as neither any search was conduc

The order continues below.

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