Ashok Chaddha v. ITO

337 ITR 399High Court2011#341 most cited

What is Ashok Chaddha v. ITO authority for?

In search assessments under section 153A, a notice under section 143(2) is not required if a notice under section 153A(1)(a) has been issued. Modest or customary jewellery, commensurate with age and status, found during a search, especially if it is 'Stridhan' or falls within CBDT guidelines, cannot be added as unexplained income.

252

judgments rely on this decision, according to BharatTax’s citation analysis of 367,154 Indian tax judgments — from 2016 to 2026.

Also referred to as

Ashok Chaddha v. ITO · section 153A assessment · section 143(2) notice · unexplained jewellery · Stridhan · CBDT Instruction 1916 · section 69A addition · search assessment procedure · modest customary jewellery · no specific notice 143(2)

Also reported as

20 Taxmann.com 38769 DTR 82

Issues it is cited on

Judgments citing Ashok Chaddha v. ITO

DCIT Central Circle 2(4), Chennai vs. Shri Vivek Papisetty, Chennai

The appeal of the revenue stand dismissed

ITA 405/CHNY/2023[2015-16]Status: DisposedITAT Chennai02 Apr 2024AY 2015-16

Bench: Hon’Ble Shri V. Durga Rao, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपील सं./ Ita No.405/Chny/2023 (िनधा"रण वष" / Assessment Year: 2015-16) Dcit Shri Vivek Papisetty बनाम Central Circle-2(4) No.17/184, Y Block, First Street, 6Th Main Road, Anna Nagar, Chennai. / Vs. Chennai-600 040. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Brcpp-6180-N (अपीलाथ"/Appellant) : (!"थ" / Respondent) & 2. Cross Objection No.19/Chny/2023 (In Ita No.405/Chny/2023) (िनधा"रण वष" / Assessment Year: 2015-16) बनाम/ Shri Vivek Papisetty Dcit No.17/184, Y Block, First Street, Vs. Central Circle-1(4) 6Th Main Road, Anna Nagar, Chennai. Chennai-600 040. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Brcpp-6180-N (अपीलाथ"/Cross Objector) : (!"थ" / Respondent) अपीलाथ"कीओरसे/ Revenue By : Shri V. Nandakumar (Cit)- Ld. Dr !"थ"कीओरसे/ Assessee By : Shri Y. Sridhar (Fca)-Ld. Ar सुनवाईकीतारीख/Date Of Hearing : 10-01-2024 घोषणाकीतारीख /Date Of Pronouncement : 02-04-2024 आदेश / O R D E R Per Bench 1.1 Aforesaid Appeal By Revenue For Assessment Year (Ay) 2015-16 Arises Out Of An Order Passed By Learned Commissioner Of Income Tax

For Appellant: Shri Y. Sridhar (FCA)-Ld. ARFor Respondent: Shri V. Nandakumar (CIT)- Ld. DR
Section 143(3)

…P Nos.3023 & ors. of 2020 dated 09.04.2021), it was held that there was no requirement for issue of notice u/s 143(2) for completion of assessment u/s 153A. This decision relied on the decision of Hon’ble Delhi High Court in the case of Ashok Chaddha vs. ITO (337 ITR 399) and various other decisions. Therefore, this legal ground was also rejected. 5.2 The assessee assailed the impugned addition on merits by way of elaborate written submissions which have been extracted on para no. 28 of impugned order. The assessee’s main contention was that the seized documents had no evidentiary value since it was unsigned and…

DCIT, Central Circle-2.4, Chennai vs. Shri Vivek Papisetty, Chennai

In the result, the appeal of the revenue stand dismissed

ITA 212/CHNY/2023[2017-18]Status: DisposedITAT Chennai02 Apr 2024AY 2017-18

Bench: Hon’Ble Shri V. Durga Rao, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपील सं./ Ita No.212/Chny/2023 (िनधा"रण वष" / Assessment Year: 2017-18) Dcit Shri Vivek Papisetty बनाम Central Circle-2(4) No.17/184, Y Block, First Street, 6Th Main Road, Anna Nagar, Chennai. / Vs. Chennai-600 040. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Brcpp-6180-N (अपीलाथ"/Appellant) : (!"थ" / Respondent) & 2. Cross Objection No.9/Chny/2023 (In Ita No.212/Chny/2023) (िनधा"रण वष" / Assessment Year: 2017-18) बनाम/ Shri Vivek Papisetty Dcit No.17/184, Y Block, First Street, Vs. Central Circle-1(4) 6Th Main Road, Anna Nagar, Chennai. Chennai-600 040. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Brcpp-6180-N (अपीलाथ"/Cross Objector) : (!"थ" / Respondent) अपीलाथ"कीओरसे/ Revenue By : Shri V. Nandakumar (Cit)- Ld. Dr !"थ"कीओरसे/ Assessee By : Shri Y. Sridhar (Fca)-Ld. Ar सुनवाईकीतारीख/Date Of Hearing : 10-01-2024 घोषणाकीतारीख /Date Of Pronouncement : 02-04-2024 आदेश / O R D E R Per Bench 1.1 Aforesaid Appeal By Revenue For Assessment Year (Ay) 2017-18 Arises Out Of An Order Passed By Learned Commissioner Of Income Tax

For Appellant: Shri Y. Sridhar (FCA)-Ld. ARFor Respondent: Shri V. Nandakumar (CIT)- Ld. DR
Section 132Section 132(4)Section 143(3)

…023 & ors. of 2020 dated 09.04.2021) wherein it was held that there was no requirement for issue of notice u/s 143(2) for completion of assessment u/s 153A. This decision relied on the decision of Hon’ble Delhi High Court in the case of Ashok Chaddha vs. ITO (337 ITR 399) and various other decisions. Therefore, this legal ground was also rejected. 3.5 The assessee also raised the issue of violation of principle of natural justice. However, Ld. CIT(A) noted that the assessee was afforded adequate opportunities to furnish written submissions / explanation along with necessary supporting evidences during the course…

DCIT, Central Circle-2.4, Chennai vs. Shri Vivek Papisetty, Chennai

The appeal of the revenue stands dismissed

ITA 211/CHNY/2023[2016-17]Status: DisposedITAT Chennai02 Apr 2024AY 2016-17

Bench: Hon’Ble Shri V. Durga Rao, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपील सं./ Ita No.211/Chny/2023 (िनधा"रण वष" / Assessment Year: 2016-17) Dcit Shri Vivek Papisetty बनाम Central Circle-2(4) No.17/184, Y Block, First Street, 6Th Main Road, Anna Nagar, Chennai. / Vs. Chennai-600 040. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Brcpp-6180-N (अपीलाथ"/Appellant) : (!"थ" / Respondent) & 2. Cross Objection No.8/Chny/2023 (In Ita No.211/Chny/2023) (िनधा"रण वष" / Assessment Year: 2016-17) बनाम/ Shri Vivek Papisetty Dcit No.17/184, Y Block, First Street, Vs. Central Circle-1(4) 6Th Main Road, Anna Nagar, Chennai. Chennai-600 040. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Brcpp-6180-N (अपीलाथ"/Cross Objector) : (!"थ" / Respondent) अपीलाथ"कीओरसे/ Revenue By : Shri V. Nandakumar (Cit)- Ld. Dr !"थ"कीओरसे/ Assessee By : Shri Y. Sridhar (Fca)-Ld. Ar सुनवाईकीतारीख/Date Of Hearing : 10-01-2024 घोषणाकीतारीख /Date Of Pronouncement : 02-04-2024 आदेश / O R D E R Per Bench 1.1 Aforesaid Appeal By Revenue For Assessment Year (Ay) 2016-17 Arises Out Of An Order Passed By Learned Commissioner Of Income Tax

For Appellant: Shri Y. Sridhar (FCA)-Ld. ARFor Respondent: Shri V. Nandakumar (CIT)- Ld. DR
Section 132Section 143(3)

…023 & ors. of 2020 dated 09.04.2021) wherein it was held that there was no requirement for issue of notice u/s 143(2) for completion of assessment u/s 153A. This decision relied on the decision of Hon’ble Delhi High Court in the case of Ashok Chaddha vs. ITO (337 ITR 399) and various other decisions. Therefore, this ground was rejected. 5.2 The assessee urged another legal ground that satisfaction was not recorded by AO before issuance of notice u/s 153C. However, the same was rejected by Ld. CIT(A) with the observation that AO duly recorded satisfaction for issue of notice u/s 153C in order sheet dated 04-12-201…

Assistant Commissioner of Income Tax, Chennai vs. Prakash Ferrous Industries Private Limited, Chennai

In the result, the appeal filed by the Revenue as well as Cross

ITA 693/CHNY/2023[2020]Status: DisposedITAT Chennai20 Dec 2023

Bench: Shri V. Durga Rao & Shri Manoj Kumar Aggarwalआयकर अपील सं./I.T.A. No.693/Chny/2023 िनधा"रण वष"/Assessment Year: 2020-21 & C.O. No. 27/Chny/2023 [In I.T.A. No.693/Chny/2023] The Assistant Commissioner Of Vs. M/S. Prakash Ferrous Industries Income Tax, Private Limited, Central Circle 1(1), New No. 36, New Avadi Road, Chennai. Kilpauk, Chennai 600 010. [Pan:Aaecp7094C] (अपीलाथ" /Appellant) (""थ"/Respondent/Cross Objector) Department By : Shri Nilay Baran Som, Cit Assessee By : Shri Shashi Kumar Agarwal, Ca सुनवाई की तारीख/ Date Of Hearing 07.12.2023 : घोषणा की तारीख /Date Of Pronouncement : 20.12.2023 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Revenue & The Cross Objections Filed By The Assessee Are Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 18, Chennai, Dated 23.03.2023 Relevant To The Assessment Year 2020-21. The Revenue Has Raised Following Grounds: 1. The Order Of The Id. Commissioner Of I. T. (Appeals) Is Erroneous On Facts Of The Case & In Law. 2. The Learned Cit(A) Erred In Deleting The Addition Made U/S. 69A Of The It Act, Towards Unexplained Money, Amounting To Rs. 96,54,335/- , Without

For Appellant: Shri Shashi Kumar Agarwal, CAFor Respondent: Shri Nilay Baran Som, CIT
Section 132Section 142(1)Section 153CSection 69ASection 69C

…of the Act is not mandatory for finalization of assessment under section 153A of the Act. 9.1 With regard to issuing notice under section 143(2) of the Act while finalizing assessment under section 153A of the Act, in the case of Ashok Chaddha v. ITO [2011] 337 ITR 399 (Delhi), the Hon’ble Delhi High Court has observed and held as under: There is no specific provision in the Act requiring the assessment made under section 153A to be after issue of notice under section 143(2). The words “so 10 I.T.A. No. 693/Chny/23 & C.O. No. 27/Chny/23 far as may be” in clause (a) of sub section (1) of Section 153A could not b…