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

ITA 3/CHANDI/2023Status: DisposedITAT Chandigarh02 February 2024AY 2014-15Bench: SHRI A.D.JAIN (Vice President), SHRI VIKRAM SINGH YADAV (Accountant Member)84 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal held that the assessment under Section 153A was invalid as no proper search or panchnama was conducted in the name of the assessee company. Regarding the additions under Section 68, the Tribunal found that the CIT(A) had rightly deleted them as the assessee had provided sufficient documentary evidence and the AO had failed to rebut it.

What were the facts?

The assessee's appeal (ITA No. 3/CHD/2023) and the Revenue's appeal (ITA No. 144/CHD/2023) relate to assessment year 2014-15. The primary issue in the assessee's appeal concerns the validity of assessment proceedings initiated under Section 153A without a valid search or panchnama. The Revenue's appeal challenges the deletion of additions made under Section 68.

What were the issues?

Whether assessment proceedings under Section 153A are valid without a search and panchnama in the assessee's name. Whether additions under Section 68 are justified when the assessee provides satisfactory documentary evidence.

Which sections of the Income-tax Act were involved?

Section 153A,Section 132,Section 68

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(8)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.

Income Tax Appellate Tribunal, CHANDIGARH

Before: SHRI A.D.JAIN & SHRI VIKRAM SINGH YADAV

For Appellant: Shri Rohit Goyal, CA &, Shri T.N.Singla, C.A
For Respondent: Smt. Kusum, CIT DR
Hearing: 16.01.2024Pronounced: 02.02.2024

Heard together (2 matters)

ITA No. 3/CHD/2023
ITA No. 144/CHD/2023

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

PER A.D.JAIN, VICE PRESIDENT

ITA No.3/CHD/2023 and ITA No.144/CHD/2023 are cross appeals filed by the assessee and the Revenue,

ITA 3 &144/CHD/2023 A.Y. 2014-15 2

respectively, against the order dated 15.12.2022 pa

The order continues below.

Read the full judgment

A free account opens 10 full judgments a month. Re-reading one you have already opened does not count again.

Create a free accountSign in

See plans and prices

The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.

More judgments on Section 153A

All 18,957 judgments and leading authorities on Section 153A →

Recent GST High Court judgments

Search GST case law →