DCIT, NEW DELHI vs. GYNIA HOLDING LTD., NEW DELHI

ITA 3916/DEL/2015Status: DisposedITAT Delhi19 September 2025AY 2011-12Bench: S. RIFAUR RAHMAN (Accountant Member), SHRI YOGESH KUMAR U.S. (Judicial Member)22 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the initiation of assessment proceedings under Section 153C was not in accordance with the Act as the AO failed to record proper satisfaction. Furthermore, the final assessment orders were vitiated due to the AO's failure to pass a draft assessment order as required by Section 144C.

What were the facts?

During a search operation, incriminating documents pertaining to the assessee were found. The Assessing Officer (AO) initiated proceedings under Section 153C of the Income Tax Act and made additions, treating the foreign company as a resident in India. The CIT(A) allowed the assessee's appeals, finding the initiation of proceedings under Section 153C unlawful and noting non-compliance with Section 144C.

What were the issues?

Whether the initiation of proceedings under Section 153C was lawful and whether the assessment orders were valid without a draft assessment order under Section 144C.

Which sections of the Income-tax Act were involved?

Section 153C,Section 144C,Section 6(3),Section 9(1)

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Cases cited in this judgment(3)Show list

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Heard together (6 matters)

ITA No. 3915/Del/2015
C.O No. 31/Del/2016
ITA No. 3916/Del/2015
C.O No. 342/Del/2015
C.O No. 343/Del/2015
ITA No. 3914/Del/2015

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

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI (DELHI BENCH ‘D’ NEW DELHI) Central Circle-19, Room C/o Sandeep Chilana, Adv. No. 362, ARA Centre, E-2, Chilana & Chilana Law Jhandewalan Extension, Offices, Advocate for the New Delhi respondent, C-56, LGF, Jangpura Extension, New Delhi-110014 PAN: AAFCG6058E Appellant Respondent

C.O No. 31/Del/2016 (in ITA No. 3916/Del/2015) C.O No. 342/Del/2015 (in ITA No. 3915/Del/2015) C.O No. 343/Del/2015 (in ITA No. 3914/Del/2015)

Gynia Holding Ltd. Vs DCIT, Central Circle-19, C/o Sandeep Chilana, Adv. Room No. 362, ARA Chilana & Chilana Law Centre, E-2, Offices, Advocate for the Jhandewalan Extension, respondent, C-56, LGF, New Delhi Jangpura Extension, New Delhi-110014 PAN: AAFCG6058E Appellant Respondent Assessee by Sh. Amit Goel, CA,Sh. Pranav Yadav, Adv, Sh. Mohit Jain, CA, Sh. Sandeep Chilana, Adv & Ms. Anjali Jain, Adv. Revenue by Sh. M. S. Nethrapal, CIT, DR Date of Hearing 20/08/2025 Date of Pronouncement 19/09/2025

2ITA Nos. 3914, 3915 & 3916/Del/2015 CO Nos. 342, 343/Del/2015 & 31/

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