ARN Infrastructure India Ltd. v. Asstt. CIT

394 ITR 569High Court2017#278 most cited

What is ARN Infrastructure India Ltd. v. Asstt. CIT authority for?

For initiating proceedings under Section 153C, seized documents must be incriminating and specifically relate to the assessment years for which assessments are reopened. A document relevant only for one year cannot be used to reopen other assessment years without being incriminating for those years.

282

judgments rely on this decision, according to BharatTax’s citation analysis of 367,154 Indian tax judgments — from 2017 to 2025.

Also referred to as

ARN Infrastructure India Ltd. · Section 153C · Section 132 · incriminating document · satisfaction note · search assessment · reopening assessment · seized material · jurisdiction 153C · assessment years

Also reported as

81 Taxmann.com 2602017 SCC OnLine DEL 8081

Sections most often in play

Section 153CSection 143(3)Section 153ASection 132Section 148Section 147Section 151Section 149

Issues it is cited on

section 153atosection 153b(1)(a)abatement of assessmentsection 153c proceedingssection 113section 153b(1)section 153c(1)section 158bdblock periodsatisfaction notedocuments seizedsection 132(1)

Judgments citing ARN Infrastructure India Ltd. v. Asstt. CIT

ACIT, Central Circle-II, Gurgaon vs. Sanjay Jindal, Delhi

In the result, appeals are dismissed

ITA 8512/DEL/2019[2012-13]Status: DisposedITAT Delhi14 Dec 2023AY 2012-13

Bench: Shri Saktijit Dey, Vice- & Shri M. Balaganesh

Section 153ASection 153C

…IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH: ‘G’ NEW DELHI BEFORE SHRI SAKTIJIT DEY, VICE-PRESIDENT AND SHRI M. BALAGANESH, ACCOUNTANT MEMBER ITA Nos.8511 to 8516 /Del/2019 Assessment Years: 2011-12 to 2016-17 ACIT, Vs. Sh. Sanjay Jindal, Central Circle-II, S-34, Okhla Industrial Area, Gurgaon Phase-II, Delhi PAN :ADKPJ3514F (Appellant) (Respondent) With Cross Objection Nos. 17 to 22/Del/2020 [Arising out of ITA Nos.8511 to 8516 /Del/2019] Assessment Years: 2011-12 to 2016-17 Sh. Sanjay Jindal, Vs. ACIT, S-34, Okhla Industrial Area, Central Circle-II, Phase-II, Gurgaon Delhi PAN :ADKPJ3514F (Appellant)…

ACIT, Central Circle-II, Gurgaon vs. Sanjay Jindal, Delhi

In the result, appeals are dismissed

ITA 8511/DEL/2019[2011-12]Status: DisposedITAT Delhi14 Dec 2023AY 2011-12

Bench: Shri Saktijit Dey, Vice- & Shri M. Balaganesh

Section 153ASection 153C

…IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH: ‘G’ NEW DELHI BEFORE SHRI SAKTIJIT DEY, VICE-PRESIDENT AND SHRI M. BALAGANESH, ACCOUNTANT MEMBER ITA Nos.8511 to 8516 /Del/2019 Assessment Years: 2011-12 to 2016-17 ACIT, Vs. Sh. Sanjay Jindal, Central Circle-II, S-34, Okhla Industrial Area, Gurgaon Phase-II, Delhi PAN :ADKPJ3514F (Appellant) (Respondent) With Cross Objection Nos. 17 to 22/Del/2020 [Arising out of ITA Nos.8511 to 8516 /Del/2019] Assessment Years: 2011-12 to 2016-17 Sh. Sanjay Jindal, Vs. ACIT, S-34, Okhla Industrial Area, Central Circle-II, Phase-II, Gurgaon Delhi PAN :ADKPJ3514F (Appellant)…

DCIT Central Circle-II, Noida vs. Mg Metalloy Pvt Ltd (Formely Apple Iron Enterprises Pvt. Ltd.), Noida

In the result, appeal of the Revenue is dismissed

ITA 3631/DEL/2019[2012-13]Status: DisposedITAT Delhi01 Nov 2023AY 2012-13

Bench: Dr. Brr Kumar & Ms. Astha Chandraasstt. Year: 2012-13 Dcit, Vs. M/S. M.G. Metalloy Pvt. Ltd. Central Circle-Ii, (Formerly M/S. Apple Iron Noida Enterprises Pvt. Ltd.) B-16, Sector-2, Noida, Uttar Pradesh-201301 Pan Aahca8642G (Appellant) (Respondent)

For Appellant: Shri Pranav Yadav, AdvocateFor Respondent: Shri Vivek Vardhan, Sr. DR
Section 132(1)Section 143(2)Section 143(3)Section 153C

…me Tax-III, Pune Vs. Sinhgad Technical Education Society (Supra) seitles the issue and holds this to be an essential requirement. The decision of this Court in CIT-7 Vs RRJ 5 Securitles (2016) 380 ITR 612 (Del) and ARN Infrastructure India Ltd. Vs ACIT [2017] 394 ITR 569 (Del) also held that in order to justify the assumption of Jurisdiction under section 153C of the Act the documents selted must be incriminating and must relate to each of the AYs whose assessments are sought to be reopened." Thus, by now, it is a settelled law that notices u/s 153C of the Act is ab- initio-invalid in absence of incriminating sei…

Shree Gopal Landcraft P.Ltd, New Delhi vs. ACIT, Central Circle-13, New Delhi

In the result, the appeals of the assessee are allowed in the manner as indicated above

ITA 1661/DEL/2022[2016-17]Status: DisposedITAT Delhi19 Oct 2023AY 2016-17

Bench: Shri Chandra Mohan Garg & Girish Agrawal

For Appellant: Dr. Rakesh Gupta, AdvFor Respondent: Shri H K Choudhary, CIT(DR)
Section 143(3)Section 153Section 153C

…004-05 were outside the scope 11 of Section 153C of the Act and the AO had no jurisdiction to make an assessment of the Assessee's income for that year.” This principle was further reiterated in the case of ARN Infrastructure India Ltd. v. ACIT as reported in 394 ITR 569, wherein it has been held as under: "12. The decision in RRJ Securities Ltd. (supra) is categorical that under / Section 153C of the Act, the period of six years as regards the person other than the searched person would commence only from the year in which the satisfaction not is prepared by the AO of the searched person and a notice is issued p…

Shree Gopal Landcraft P.Ltd, New Delhi vs. ACIT, Central Circle-13, New Delhi

In the result, the appeals of the assessee are allowed in the manner as indicated above

ITA 1660/DEL/2022[2015-16]Status: DisposedITAT Delhi19 Oct 2023AY 2015-16

Bench: Shri Chandra Mohan Garg & Girish Agrawal

For Appellant: Dr. Rakesh Gupta, AdvFor Respondent: Shri H K Choudhary, CIT(DR)
Section 143(3)Section 153Section 153C

…004-05 were outside the scope 11 of Section 153C of the Act and the AO had no jurisdiction to make an assessment of the Assessee's income for that year.” This principle was further reiterated in the case of ARN Infrastructure India Ltd. v. ACIT as reported in 394 ITR 569, wherein it has been held as under: "12. The decision in RRJ Securities Ltd. (supra) is categorical that under / Section 153C of the Act, the period of six years as regards the person other than the searched person would commence only from the year in which the satisfaction not is prepared by the AO of the searched person and a notice is issued p…

Shree Gopal Landcraft P.Ltd, New Delhi vs. ACIT, Central Circle-13, New Delhi

In the result, the appeals of the assessee are allowed in the manner as indicated above

ITA 1659/DEL/2022[2013-14]Status: DisposedITAT Delhi19 Oct 2023AY 2013-14

Bench: Shri Chandra Mohan Garg & Girish Agrawal

For Appellant: Dr. Rakesh Gupta, AdvFor Respondent: Shri H K Choudhary, CIT(DR)
Section 143(3)Section 153Section 153C

…004-05 were outside the scope 11 of Section 153C of the Act and the AO had no jurisdiction to make an assessment of the Assessee's income for that year.” This principle was further reiterated in the case of ARN Infrastructure India Ltd. v. ACIT as reported in 394 ITR 569, wherein it has been held as under: "12. The decision in RRJ Securities Ltd. (supra) is categorical that under / Section 153C of the Act, the period of six years as regards the person other than the searched person would commence only from the year in which the satisfaction not is prepared by the AO of the searched person and a notice is issued p…

Shree Gopal Landcraft (P) Ltd., Delhi vs. ACIT, Central Circle-13, New Delhi

In the result, the appeals of the assessee are allowed in the manner as indicated above

ITA 1658/DEL/2022[2012-13]Status: DisposedITAT Delhi19 Oct 2023AY 2012-13

Bench: Shri Chandra Mohan Garg & Girish Agrawal

For Appellant: Dr. Rakesh Gupta, AdvFor Respondent: Shri H K Choudhary, CIT(DR)
Section 143(3)Section 153Section 153C

…004-05 were outside the scope 11 of Section 153C of the Act and the AO had no jurisdiction to make an assessment of the Assessee's income for that year.” This principle was further reiterated in the case of ARN Infrastructure India Ltd. v. ACIT as reported in 394 ITR 569, wherein it has been held as under: "12. The decision in RRJ Securities Ltd. (supra) is categorical that under / Section 153C of the Act, the period of six years as regards the person other than the searched person would commence only from the year in which the satisfaction not is prepared by the AO of the searched person and a notice is issued p…

Shree Gopal Landcraft (P) Ltd., New Delhi vs. ACIT, Central Circle-13, New Delhi

In the result, the appeals of the assessee are allowed in the manner as indicated above

ITA 1657/DEL/2022[2011-12]Status: DisposedITAT Delhi19 Oct 2023AY 2011-12

Bench: Shri Chandra Mohan Garg & Girish Agrawal

For Appellant: Dr. Rakesh Gupta, AdvFor Respondent: Shri H K Choudhary, CIT(DR)
Section 143(3)Section 153Section 153C

…004-05 were outside the scope 11 of Section 153C of the Act and the AO had no jurisdiction to make an assessment of the Assessee's income for that year.” This principle was further reiterated in the case of ARN Infrastructure India Ltd. v. ACIT as reported in 394 ITR 569, wherein it has been held as under: "12. The decision in RRJ Securities Ltd. (supra) is categorical that under / Section 153C of the Act, the period of six years as regards the person other than the searched person would commence only from the year in which the satisfaction not is prepared by the AO of the searched person and a notice is issued p…

Kirtimaan Buildtech Private Limited, New Delhi vs. DCIT, CC-16, New Delhi, Jhandewalan Extn

In the result, the appeal of the assessee is allowed

ITA 334/DEL/2023[2014-15]Status: DisposedITAT Delhi30 Aug 2023AY 2014-15

Bench: Shri Chandra Mohan Garg & Dr. B.R.R. Kumarassessment Year: 2014-15 Kirtimaan Buildtech P. Ltd., The Dcit, Central Circle 16, New Delhi 130, Avtar Enclave, Pashim Vihar, New Delhi 110063 Vs. Pan Aadck 5559 N (Appellant) (Respondent) For Assessee: Shri R.K Gupta, Ca For Revenue : Mr. Waseem Arshad, Cit(Dr) Date Of Hearing : 10.08.2023 Date Of Pronouncement : 30.08.2023 Order Per Chandra Mohan Garg, J.M. This Appeal Has Been Filed Against The Order Of Cit(A)-28, New Delhi Dated 26.12.2022 For A.Y. 2014-15. Application Of Assessee Seeking Additional Grounds. 2. The Ld. Assessee Representative (Ar) Submitted Written Submissions/Application To Support Legal Contention & Seeking Admission Of Additional Grounds Of Assessee Wherein It Has Been Stated That The Legal Grounds Are Pure Legal Issues Which Goes To The Root Of The Matter & All Material Facts & Documents Are Already Available On Record For Adjudication Of Legal Additional Grounds. The Ld. Ar Placed Reliance On The Judgment Of Hon’Ble Supreme Court In The Case Of Cit Vs. Sinhgad Technical Education Society 398 Itr 344 (Sc) & Gedore Tools Pvt. Ltd. 238 Itr 268 (Del.)

For Appellant: Shri R.K Gupta, CAFor Respondent: Mr. Waseem Arshad, CIT(DR)
Section 132Section 153C

…e Central Board of Direct Taxes (CBDT) through Circular No. 2/2018, dated 15th February, 2018 explaining the amendment made to the provisions of sections 153A and 153C of the Act. • CIT v RRJ Securities Ltd. (supra) (DHC) • ARN Infrastructure India Ltd v ACIT 394 ITR 569 (Del.) • MIKADOREALTORS P. LTD. VERSUS PR. CIT (CENTRAL) GURUGRAM. 2021 (5)TMI 722 - ITAT DELHI I.T.A. No.50/DEL/2021 • PCIT vs. Dreameity Buildwell (P) Ltd. 417 ITR 617 (Del) 4 Memorandum explaining the said amendment to the Finance Bill (it provides that the amended provisions of Sec.l53C(l) shall be applicable only in case of searched on or a…

ACIT, Central Circle-2, New Delhi vs. Opal Buildwell P.Ltd, Delhi

Accordingly notice was issued on 18.10.2016. Thus, there is no substance in the grounds raised and the same are decided against the Revenue. The appeal of Revenue is dismissed

ITA 2899/DEL/2019[2010-11]Status: DisposedITAT Delhi30 Jun 2023AY 2010-11

Bench: Sh. G.S.Pannu, Hon’Ble & Sh. Anubhav Sharmaacit, Vs. M/S. Opal Buildwell P. Ltd. Central Circle-2 (Formerly Namo Resorts Pvt. New Delhi Ltd.) 445, Kucha Baijnath, Chandni Chowk, Delhi Pan : Aabcn9757H (Appellant) (Respondent)

Section 131Section 132Section 143(1)Section 153CSection 153C(1)

…004-05 were outside the scope 11 of Section 153C of the Act and the AO had no jurisdiction to make an assessment of the Assessee's income for that year.” This principle was further reiterated in the case of ARN Infrastructure India Ltd. v. ACIT as reported in 394 ITR 569, wherein it has been held as under: "12. The decision in RRJ Securities Ltd. (supra) is categorical that under / Section 153C of the Act, the period of six years as regards the person other than the searched person would commence only from the year in which the satisfaction not is prepared by the AO of the searched person Opal Buildwell P. Ltd.…

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

In the result, the appeal is dismissed

ITA 714/DEL/2021[2011-12]Status: DisposedITAT Delhi11 May 2023AY 2011-12

Bench: Shri Saktijit Dey & Shri M. Balaganeshassessment Year: 2011-12

Section 132Section 153ASection 153C

…IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH: ‘C’ NEW DELHI BEFORE SHRI SAKTIJIT DEY, JUDICIAL MEMBER AND SHRI M. BALAGANESH, ACCOUNTANT MEMBER Assessment Year: 2011-12 DCIT, Vs. Karina Airlines International Circle-05, Ltd., New Delhi Flat No.11, Gali No.05, Block-A, West Karawal Nagar, New Delhi PAN :AADCK1912D (Appellant) (Respondent) Assessee by Sh. Ruchesh Sinha, Advocate Department by Sh. J.S. Minhas, CIT(DR) Date of hearing 01.05.2023 Date of pronouncement 11.05.2023 ORDER PER SAKTIJIT DEY, JM: This is an appeal by the Revenue against order dated 26.02.2021 of learned Commissioner of Income Tax…

DCIT, CC-7(3), Mumbai vs. Satish Jagannath Aggarwal, Mumbai

In the result, the appeal of the revenue stand dismissed

ITA 2818/MUM/2022[2014-15]Status: DisposedITAT Mumbai20 Apr 2023AY 2014-15
For Appellant: Rushabh MehtaFor Respondent: Krishna Kumar
Section 132Section 143(3)Section 153Section 153ASection 153CSection 158B

…ome Tax-III, Pune v Sinhgad Technical Education Society (supra) settles the issue and holds this to be an essential requirement The decisions of this Court in CIT-7 v. RRJ Securities (2016) 380 ITR 612 (Del) and ARN Infrastructure India Limited v. ACIT [2017] 394 ITR 569 (Delhi) also hold that in order to justify the assumption of jurisdiction under Section 153 C of the Act the documents seized must be incriminating and must relate to each of the AYS whose assessments are sought to be reopened. Since the satisfaction note forms the basis for initiating the proceedings under Section 153 C of the Act, it is futile…

ACIT, Central Circle-2, New Delhi vs. Opal Buildwell P.Ltd, Delhi

In the result, appeal filed by the Revenue in ITA No

ITA 2829/DEL/2019[2009-10]Status: HeardITAT Delhi24 Mar 2023AY 2009-10

Bench: Dr. B. R. R. Kumar & Shri Yogesh Kumar Us

Section 132Section 143(1)Section 147Section 149Section 150Section 150(1)Section 150(2)Section 153ASection 153CSection 68

…. The ld CIT(A) while quashing the assessment order relied on the following judgments:- a. RRJ Securities Ltd Vs. Cit-7 dated 30.10.2015 b. Sarwar Agency (P) Ltd Vs. Pr. CIT Dated 17.08.2017 85 taxmann.com 269 c. ARN Infrastructure Indian Ltd Vs. ACIT (2017) 394 ITR 569. All the above judgments are distinguishable since in all the above cases the date of search was prior to 01.10.2014 (on which date the Finance Act, 2014 amending the Section 153A and 153C came into effect). In the present case, date of search is post- amendment of Section 153A and 153C 8 ITA. Nos. 1557 & 1558/Del/2019 & ITA. No. 2829/Del/2019 M…

Opal Buildwell P.Ltd, Delhi vs. ACIT, Central Circle-2, New Delhi

In the result, appeal filed by the Revenue in ITA No

ITA 1558/DEL/2019[2010-11]Status: HeardITAT Delhi24 Mar 2023AY 2010-11

Bench: Dr. B. R. R. Kumar & Shri Yogesh Kumar Us

Section 132Section 143(1)Section 147Section 149Section 150Section 150(1)Section 150(2)Section 153ASection 153CSection 68

…. The ld CIT(A) while quashing the assessment order relied on the following judgments:- a. RRJ Securities Ltd Vs. Cit-7 dated 30.10.2015 b. Sarwar Agency (P) Ltd Vs. Pr. CIT Dated 17.08.2017 85 taxmann.com 269 c. ARN Infrastructure Indian Ltd Vs. ACIT (2017) 394 ITR 569. All the above judgments are distinguishable since in all the above cases the date of search was prior to 01.10.2014 (on which date the Finance Act, 2014 amending the Section 153A and 153C came into effect). In the present case, date of search is post- amendment of Section 153A and 153C 8 ITA. Nos. 1557 & 1558/Del/2019 & ITA. No. 2829/Del/2019 M…

Opal Buildwell P.Ltd, Delhi vs. ACIT, Central Circle-2, New Delhi

In the result, appeal filed by the Revenue in ITA No

ITA 1557/DEL/2019[2009-10]Status: HeardITAT Delhi24 Mar 2023AY 2009-10

Bench: Dr. B. R. R. Kumar & Shri Yogesh Kumar Us

Section 132Section 143(1)Section 147Section 149Section 150Section 150(1)Section 150(2)Section 153ASection 153CSection 68

…. The ld CIT(A) while quashing the assessment order relied on the following judgments:- a. RRJ Securities Ltd Vs. Cit-7 dated 30.10.2015 b. Sarwar Agency (P) Ltd Vs. Pr. CIT Dated 17.08.2017 85 taxmann.com 269 c. ARN Infrastructure Indian Ltd Vs. ACIT (2017) 394 ITR 569. All the above judgments are distinguishable since in all the above cases the date of search was prior to 01.10.2014 (on which date the Finance Act, 2014 amending the Section 153A and 153C came into effect). In the present case, date of search is post- amendment of Section 153A and 153C 8 ITA. Nos. 1557 & 1558/Del/2019 & ITA. No. 2829/Del/2019 M…

Mr Nilesh Bharani, Mumbai vs. DCIT CC 4(1), Mumbai

ITA 612/MUM/2020[2011-12]Status: DisposedITAT Mumbai28 Feb 2023AY 2011-12

Bench: Shri Amit Shukla, Jm & Shri Amarjit Singh, Am आयकरअपीलसं./ I.T.A. No. 612/Mum/2020 (निर्धारणवर्ा / Assessment Year: 2011-12)

For Appellant: Shri Vinod Kumar/SatishFor Respondent: Shri Murli Mohan
Section 132(1)Section 143(1)Section 143(3)Section 147Section 148Section 153ASection 153CSection 68Section 69

…e Tax-III, Pune v. Sinhgad Technical Education Society (supra) settles the issue and holds this to be an essential requirement. The decisions of this Court in CIT-7 v. RRJ Securities (2016) 380 ITR 612 (Del) and ARN Infrastructure India Limited v. ACIT [2017] 394 ITR 569 (Del) also hold that in order to justify the assumption of jurisdiction under Section 153C of the Act, the documents seized must be incriminating and must relate to each of the AYs whose assessments are sought to be reopened. Since the satisfaction note forms the basis for initiating the proceedings under Section 153C of the Act, it is futile for…

DCIT, Central Circle-2, Noida vs. Apple Sponge & Power Ltd., Noida

In the result, ITA.Nos.3634, 3635, 3636, 3637 &

ITA 3633/DEL/2019[2009-10]Status: DisposedITAT Delhi24 Nov 2022AY 2009-10

Bench: Shri Chandra Mohan Garg & Shri Pradip Kumar Kedia

For Appellant: Shri Pranav Yadav, C.AFor Respondent: Shri Ishtiyaque Ahmed, CIT-DR
Section 132(1)Section 153C

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES “A” : DELHI BEFORE SHRI CHANDRA MOHAN GARG, JUDICIAL MEMBER AND SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER ITA.Nos.3633, 3634, 3635, 3636, 3637 & 3638/Del./2019 Assessment Years 2009-10, 2010-11, 2011-12, 2012-13, 2013-14, 2014-15 The DCIT, Central Circle-2, M/s. Apple Sponge & 2nd Floor, ARTO Complex, Power Ltd., B-16, [vs. Sector-33, Noida. U.P. Sector-2, Noida 201301. PIN 201 301. PAN AAFCA1965L (Appellant) (Respondent) Cross Objection Nos.57, 58, 59, 60, 61 & 62/Del./2022 Arising out of ITA.Nos.3633, 3634, 3635, 3636, 3637 & 3638/Del./2019 Assessment Year…

ACIT, New Delhi vs. M/S. Nagar Dairy Pvt. Ltd., New Delhi

In the result, C.O. Nos. 26, 27 & 28/Del/2016 filed by the assessee are allowed, accordingly the Assessment Orders dated 28

ITA 5473/DEL/2015[2009-10]Status: DisposedITAT Delhi23 Nov 2022AY 2009-10

Bench: Dr. B. R. R. Kumar & Sh. Yogesh Kumar U.S.

Section 153CSection 271(1)(c)Section 40A(3)

…e Tax-III, Pune v. Sinhgad Technical Education Society (supra) settles the issue and holds this to be an essential requirement. The decisions of this Court in CIT-7 v. RRJ Securities (2016) 380 ITR 612 (Del) and ARN Infrastructure India Limited v. ACIT [2017] 394 ITR 569 (Del) also hold that in order to justify the assumption of jurisdiction under Section 153 C of the Act the documents seized must be incriminating and must relate to each of the AYs whose assessments are sought to be reopened. Since the satisfaction note forms the basis for initiating the proceedings under Section 153 C of the Act, it is futile fo…

ACIT, New Delhi vs. M/S. Nagar Dairy Pvt. Ltd., New Delhi

In the result, C.O. Nos. 26, 27 & 28/Del/2016 filed by the assessee are allowed, accordingly the Assessment Orders dated 28

ITA 5472/DEL/2015[2008-09]Status: DisposedITAT Delhi23 Nov 2022AY 2008-09

Bench: Dr. B. R. R. Kumar & Sh. Yogesh Kumar U.S.

Section 153CSection 271(1)(c)Section 40A(3)

…e Tax-III, Pune v. Sinhgad Technical Education Society (supra) settles the issue and holds this to be an essential requirement. The decisions of this Court in CIT-7 v. RRJ Securities (2016) 380 ITR 612 (Del) and ARN Infrastructure India Limited v. ACIT [2017] 394 ITR 569 (Del) also hold that in order to justify the assumption of jurisdiction under Section 153 C of the Act the documents seized must be incriminating and must relate to each of the AYs whose assessments are sought to be reopened. Since the satisfaction note forms the basis for initiating the proceedings under Section 153 C of the Act, it is futile fo…

ACIT, New Delhi vs. M/S. Nagar Dairy Pvt. Ltd., New Delhi

In the result, C.O. Nos. 26, 27 & 28/Del/2016 filed by the assessee are allowed, accordingly the Assessment Orders dated 28

ITA 5471/DEL/2015[2007-08]Status: DisposedITAT Delhi23 Nov 2022AY 2007-08

Bench: Dr. B. R. R. Kumar & Sh. Yogesh Kumar U.S.

Section 153CSection 271(1)(c)Section 40A(3)

…e Tax-III, Pune v. Sinhgad Technical Education Society (supra) settles the issue and holds this to be an essential requirement. The decisions of this Court in CIT-7 v. RRJ Securities (2016) 380 ITR 612 (Del) and ARN Infrastructure India Limited v. ACIT [2017] 394 ITR 569 (Del) also hold that in order to justify the assumption of jurisdiction under Section 153 C of the Act the documents seized must be incriminating and must relate to each of the AYs whose assessments are sought to be reopened. Since the satisfaction note forms the basis for initiating the proceedings under Section 153 C of the Act, it is futile fo…