1. Pr. CIT v. M/s. Dreamcity Buildwell Pvt. Ltd.

417 ITR 617High Court2019#4523 most cited

What is 1. Pr. CIT v. M/s. Dreamcity Buildwell Pvt. Ltd. authority for?

A block assessment cannot be initiated under Section 153C of the Income Tax Act, 1961, for income that has already been assessed or assessed under Section 153A.

26

judgments rely on this decision, according to BharatTax’s citation analysis of 366,314 Indian tax judgments — from 2021 to 2025.

Also referred to as

Pr. CIT v. Dreamcity Buildwell Pvt. Ltd. · 417 ITR 617 · Section 153C · Section 153A · block assessment · assessment · search assessment · income escaping assessment · seized documents

Sections most often in play

Section 132Section 143(3)Section 153ASection 153CSection 115BBESection 132(1A)Section 132(4)Section 132(4A)

Issues it is cited on

section 153c(1)section 2(45)section 158bablock periodsection 53satisfaction notedocuments seizedsection 153a(1)(b)section 132(4a)search assessmentincome escaping assessmentshare capital and share premium

Judgments citing 1. Pr. CIT v. M/s. Dreamcity Buildwell Pvt. Ltd.

DCIT, New Delhi vs. Newbury Oil Company Ltd., New Delhi

In the result, both the appeals of the Revenue and cross- objections of the assessee are dismissed

ITA 5398/DEL/2015[2011-12]Status: DisposedITAT Delhi20 Jul 2021AY 2011-12

Bench: Shri N.K. Billaiya & Shri K.Narasimha Chary

Section 132Section 144CSection 144C(15)Section 153CSection 271(1)(c)

….com 220 (Delhi), Pepsico India Holdings (P) Ltd. vs. ACIT (2014) 50 taxmann.com 299 (Delhi), CIT vs. Arpit Land (P) Ltd. (2017) 78 taxmann.com (Bom), Pr. CIT v. Index Securities (P) Ltd. (2017) 86 taxmann.com 84 (Delhi), PCIT v. Dreamcity Buildwell (P) Ltd. 417 ITR 617 (Del) and Canyon Financial Services Ltd. v. ITO (2017) 84 taxmann.com 74, he argued that the assessment order is liable to quashed. Second limb of the argument is that no incriminating material was found during the search qua the assessment order and the therefore, invoking the jurisdiction by the Assessing Officer is bad. For this purpose, he pl…

ACIT. Central Circle- 30, New Delhi vs. Amarjyoti Vanijya (P) Ltd., New Delhi

In the result, all the appeals of the Revenue are dismissed

ITA 4048/DEL/2017[2011-12]Status: DisposedITAT Delhi18 Jun 2021AY 2011-12

Bench: Shri Amit Shukla & Shri B.R.R. Kumar

For Appellant: Shri Ajay Wadhwa, AdvFor Respondent: Shri Sushma Singh, CIT-D.R
Section 153CSection 68

…x Appellate Tribunal's reasons are sound on the question of applicability of Kabul Chawla (supra) and the additions made in these circumstances could not have been sustained. g. Hon’ble High Court of Delhi in the case of PCIT Vs. DreamcityBuildwellPvt. Ltd. (417 ITR 617) has held that: In the present case, the Revenue is seeking to rely on three documents to justify the assumption of jurisdiction under Section 153 C of the Act against the Assessee. Two of them, viz., the licence issued to the Assessee by the DTCP and the letter issued by the DTCP permitting it to transfer such licence, have no relevance for the…

ACIT, CC-30, New Delhi vs. Amarjyoti Vanijya Pvt. Ltd., New Delhi

In the result, all the appeals of the Revenue are dismissed

ITA 4047/DEL/2017[2010-11]Status: DisposedITAT Delhi18 Jun 2021AY 2010-11

Bench: Shri Amit Shukla & Shri B.R.R. Kumar

For Appellant: Shri Ajay Wadhwa, AdvFor Respondent: Shri Sushma Singh, CIT-D.R
Section 153CSection 68

…x Appellate Tribunal's reasons are sound on the question of applicability of Kabul Chawla (supra) and the additions made in these circumstances could not have been sustained. g. Hon’ble High Court of Delhi in the case of PCIT Vs. DreamcityBuildwellPvt. Ltd. (417 ITR 617) has held that: In the present case, the Revenue is seeking to rely on three documents to justify the assumption of jurisdiction under Section 153 C of the Act against the Assessee. Two of them, viz., the licence issued to the Assessee by the DTCP and the letter issued by the DTCP permitting it to transfer such licence, have no relevance for the…

ACIT, CC-30, New Delhi vs. Amarjyoti Vanijya Pvt. Ltd., New Delhi

In the result, all the appeals of the Revenue are dismissed

ITA 4046/DEL/2017[2009-10]Status: DisposedITAT Delhi18 Jun 2021AY 2009-10

Bench: Shri Amit Shukla & Shri B.R.R. Kumar

For Appellant: Shri Ajay Wadhwa, AdvFor Respondent: Shri Sushma Singh, CIT-D.R
Section 153CSection 68

…x Appellate Tribunal's reasons are sound on the question of applicability of Kabul Chawla (supra) and the additions made in these circumstances could not have been sustained. g. Hon’ble High Court of Delhi in the case of PCIT Vs. DreamcityBuildwellPvt. Ltd. (417 ITR 617) has held that: In the present case, the Revenue is seeking to rely on three documents to justify the assumption of jurisdiction under Section 153 C of the Act against the Assessee. Two of them, viz., the licence issued to the Assessee by the DTCP and the letter issued by the DTCP permitting it to transfer such licence, have no relevance for the…

Karina Airlines International Limited, New Delhi vs. ACIT Circle-05, New Delhi

In the result appeal of the assessee is allowed

ITA 203/DEL/2021[2012-13]Status: DisposedITAT Delhi09 Jun 2021AY 2012-13

Bench: Shri Prashant Maharishi & Shri K.Narasimha Charykarina Airlines Intenational Vs. Acit, Circle- 5Dcit Limited, No. 11, Gali No. 5, New Delhi. Block-A, West Karawal Nagar, New Delhi.

Section 132Section 139(1)Section 143(1)Section 153Section 153ASection 153CSection 153DSection 40Section 69

…since the proceedings under Section 153 C (1) of the Act against the Assessee commenced prior to 1st June 2015, the Department is not relieved of the burden of showing that the seized documents in fact belong to (and not merely pertain to) the Assessee. ii) 417 ITR 617 (Del) PCIT vs. Dreameity Buildwell (P) Ltd. “17. In the present case the search took place on 5th January 2009. Notice to the Assessee was issued under Section 153 C on 19th November 2010. This was long prior to 1st June, 2015 and, therefore, Section 153C of the Act as it stood at the relevant time applied. In other words, the change brought abou…

Mikado Realtors (P) Ltd, New Delhi vs. Pr. CIT (Central), Gurugram

In the result, the appeal of the assessee is allowed

ITA 50/DEL/2021[2017-18]Status: DisposedITAT Delhi20 Apr 2021AY 2017-18

Bench: Shri Amit Shukla & Shri O.P. Kant

For Appellant: Shri Gautam Jain, Adv. & Shri LalitFor Respondent: Ms. Pramita M. Biswas, CIT-D.R
Section 142(1)Section 143(2)Section 143(3)Section 153BSection 153CSection 153C(1)Section 263

…, since the proceedings under Section 153 C (1) of the Act against the Assessee commenced prior to 1st June 2015, the Department is not relieved of the burden of showing that the seized documents in fact belong to (and not merely pertain to) the Assessee. ii) 417 ITR 617 (Del) PCIT vs. Dreamcity Buildwell (P) Ltd. “17. In the present case the search took place on 5th January 2009. Notice to the Assessee was issued under Section 153 C on 19th November 2010. This was long prior to 1st June, 2015 and, therefore, Section 153C of the Act as it stood at the relevant time applied. In other words, the change brought abou…