CIT v. Jasjit Singh

ACIT, Central Circle-18, New Delhi vs. Gaurav Aggarwal, New Delhi

The appeal of the Revenue is dismissed

Bench: Shri S. Rifaur Rahman & Shri Anubhav Sharmaassessment Year: 2011-12 Acit, Vs Shri Gaurav Aggarwal, Central Circle-18, D-31, Pushpanjali Enclave, New Delhi. Pitampura, New Delhi – 110 034. Co No.13/Del/2021 (Ita No.6204/Del/2017) Assessment Year: 2011-12 Shri Gaurav Aggarwal, Vs. Acit, D-31, Pushpanjali Enclave, Central Circle-18, Pitampura, New Delhi New Delhi – 110 034. (Appellant) (Respondent) Assessee By : Shri Salil Aggarwal, Sr. Advocate; Shri Shailesh Gupta, Ca; Shri Uma Shankar, Advocate; & Shri Madhur Aggarwal, Advocate Revenue By : Shri Kailash Dan Ratnoo, Cit-Dr Date Of Hearing : 30.04.2025 Date Of Pronouncement : 18.06.2025

…nt years 2007-08 to 2012-13 whereas the ld. AO has taken the block to be 2005-06 to 2010-11 and should have been assessed u/s 153C of the Act. The law in this regard is settled by the Judgement of the Hon’ble Supreme Court in the case of CIT vs. Jasjit Singh, 458 ITR 437 and of the Hon’ble Delhi High Court decision in CIT vs. RRJ Securities Ltd., 380 ITR 612. Thus findings of CIT(A) to sustain the assessment concluded u/s 143(3) of the Act, cannot be sustained. 6. In the light of the aforesaid discussion, we are inclined to allow the grounds raised in the Cross Objection and the same are sustained. The Cross Obje…

Ranjan Sharma, New Delhi vs. DCIT, Central Circle -31, New Delhi

In the result, the appeal of the assessee is allowed

Bench: Ms. Madhumita Roy & Shri Khettra Mohan Roy[Assessment Year 2021-22]

…see under Section 153C read with Section 153A of the Act for assessment years 2015-16 to 2021-22. This satisfaction note is enclosed in Page 45 of the Paper Book. The law as laid down by the Hon‟ble Supreme Court in the case of CIT vs Jasjit Singh reported in 458 ITR 437 (SC) is very clear that the date of handing over of the seized document by the AO of the searched person to the AO of the third party (i.e assessee herein) shall become the date of search qua the third person. Accordingly, the date of search qua the assessee becomes 25-11-2022 relevant to assessment year 2023- 24. Hence, the year under considerat…

P.P. Jewellers Pvt. Ltd., New Delhi vs. DCIT Central Circle-25, New Delhi

Bench: Shri S. Rifaur Rahman & Shri Anubhav Sharmaassessment Year: 2013-14 Dcit, Vs P.P. Jewellers Pvt. Ltd., Central Circle-25, H.05, Pp Tower, New Delhi. Netaji Subhash Place, Pitampura, Delhi. Pan: Aaacp0874G Assessment Year: 2013-14 Assessment Year : 2013-14 P.P. Jewellers Pvt. Ltd., Dcit, H.05, Pp Tower, Central Circle-25, Netaji Subhash Place, New Delhi Pitampura, Delhi. Pan: Aaacp0874G (Appellant) (Respondent) Assessee By : Shri S.S. Nagar, Ca Revenue By : Ms Suman Malik, Cit-Dr Date Of Hearing : 29.05.2025 Date Of Pronouncement : 30.05.2025 Order Per Anubhav Sharma, Jm:

…53C are applicable the copy of satisfaction note was placed in the file of the assessee for taking necessary action in regard to the seized jewellery. ITAs No.1709 & 1652/Del/2015 3. The Hon'ble Supreme Court in the case of Jasjit Singh (CIT Vs. Jasjit Singh 458 ITR 437 [SC]) has laid down the law that as per provisions of section 153C of the Act, for taking action u/s 153C of the Act, date of search in the case of the other person, would be date of receiving books of account or documents or assets allegedly belonging to the other person and seized in the course of search of the searched person. It held as follo…

DCIT, New Delhi vs. M/S. P.P. Jewellers Pvt. Ltd., Delhi

Bench: Shri S. Rifaur Rahman & Shri Anubhav Sharmaassessment Year: 2013-14 Dcit, Vs P.P. Jewellers Pvt. Ltd., Central Circle-25, H.05, Pp Tower, New Delhi. Netaji Subhash Place, Pitampura, Delhi. Pan: Aaacp0874G Assessment Year: 2013-14 Assessment Year : 2013-14 P.P. Jewellers Pvt. Ltd., Dcit, H.05, Pp Tower, Central Circle-25, Netaji Subhash Place, New Delhi Pitampura, Delhi. Pan: Aaacp0874G (Appellant) (Respondent) Assessee By : Shri S.S. Nagar, Ca Revenue By : Ms Suman Malik, Cit-Dr Date Of Hearing : 29.05.2025 Date Of Pronouncement : 30.05.2025 Order Per Anubhav Sharma, Jm:

…53C are applicable the copy of satisfaction note was placed in the file of the assessee for taking necessary action in regard to the seized jewellery. ITAs No.1709 & 1652/Del/2015 3. The Hon'ble Supreme Court in the case of Jasjit Singh (CIT Vs. Jasjit Singh 458 ITR 437 [SC]) has laid down the law that as per provisions of section 153C of the Act, for taking action u/s 153C of the Act, date of search in the case of the other person, would be date of receiving books of account or documents or assets allegedly belonging to the other person and seized in the course of search of the searched person. It held as follo…

M/S P.P. Jewellers Private Limited, New Delhi vs. Deputy Commissioner of Income-Tax, New Delhi

Bench: Shri S. Rifaur Rahman & Shri Anubhav Sharmaassessment Year: 2013-14 Dcit, Vs P.P. Jewellers Pvt. Ltd., Central Circle-25, H.05, Pp Tower, New Delhi. Netaji Subhash Place, Pitampura, Delhi. Pan: Aaacp0874G Assessment Year: 2013-14 Assessment Year : 2013-14 P.P. Jewellers Pvt. Ltd., Dcit, H.05, Pp Tower, Central Circle-25, Netaji Subhash Place, New Delhi Pitampura, Delhi. Pan: Aaacp0874G (Appellant) (Respondent) Assessee By : Shri S.S. Nagar, Ca Revenue By : Ms Suman Malik, Cit-Dr Date Of Hearing : 29.05.2025 Date Of Pronouncement : 30.05.2025 Order Per Anubhav Sharma, Jm:

…53C are applicable the copy of satisfaction note was placed in the file of the assessee for taking necessary action in regard to the seized jewellery. ITAs No.1709 & 1652/Del/2015 3. The Hon'ble Supreme Court in the case of Jasjit Singh (CIT Vs. Jasjit Singh 458 ITR 437 [SC]) has laid down the law that as per provisions of section 153C of the Act, for taking action u/s 153C of the Act, date of search in the case of the other person, would be date of receiving books of account or documents or assets allegedly belonging to the other person and seized in the course of search of the searched person. It held as follo…

Rameshwer Dass, Delhi vs. DCIT, Central Circle-3, New Delhi

The appeals are allowed

Bench: Shri M. Balaganesh & Shri Anubhav Sharmaitas No.241, 242 & 248/Del/2020 Assessment Years: 2015-16, 2016-17 & 2017-18 Mr. Rameshwer Das, Vs Dcit, 5873, Top Floor, Central Circle-3, Malka Ganj Chowk, New Delhi. Jawahar Nagar, Delhi. Pan: Aaapd2587R (Appellant) (Respondent) Assessee By : Shri Rajiv Khandelwal, Ca & Shri Jaind Kumar Jaiswal, Advocate Revenue By : Ms Rajinder Kaur, Cit-Dr Date Of Hearing : 22.04.2025 Date Of Pronouncement : 28.05.2025 Order Per Anubhav Sharma, Jm: These Are Appeals Preferred By The Assessee Against The Orders Dated 31.10.2019 Of The Commissioner Of Income-Tax (Appeals)-23, New Delhi (Hereinafter Referred To As Ld. First Appellate Authority Or In Short Ld. ‘Faa’) In Appeals No.38/2019-20, 39/2019-20 & 40/2019-20 Arising Out Of The Appeals Before It Against The Orders Dated 30.12.2018 Passed U/S 153C R.W.S. 153A Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) By The Dcit, Central Circle-03, New Delhi (Hereinafter Referred To As The Ld. Ao).

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES : E : NEW DELHI BEFORE SHRI M. BALAGANESH, ACCOUNTANT MEMBER AND SHRI ANUBHAV SHARMA, JUDICIAL MEMBER ITAs No.241, 242 & 248/Del/2020 Assessment Years: 2015-16, 2016-17 & 2017-18 Mr. Rameshwer Das, Vs DCIT, 5873, Top Floor, Central Circle-3, Malka Ganj Chowk, New Delhi. Jawahar Nagar, Delhi. PAN: AAAPD2587R (Appellant) (Respondent) Assessee by : Shri Rajiv Khandelwal, CA & Shri Jaind Kumar Jaiswal, Advocate Revenue by : Ms Rajinder Kaur, CIT-DR Date of Hearing : 22.04.2025 Date of Pronouncement : 28.05.2025 ORDER PER ANUBHAV SHARMA, JM: These are appeals pre…

Rameshwer Dass, Delhi vs. DCIT, Central Circle-3, New Delhi

The appeals are allowed

Bench: Shri M. Balaganesh & Shri Anubhav Sharmaitas No.241, 242 & 248/Del/2020 Assessment Years: 2015-16, 2016-17 & 2017-18 Mr. Rameshwer Das, Vs Dcit, 5873, Top Floor, Central Circle-3, Malka Ganj Chowk, New Delhi. Jawahar Nagar, Delhi. Pan: Aaapd2587R (Appellant) (Respondent) Assessee By : Shri Rajiv Khandelwal, Ca & Shri Jaind Kumar Jaiswal, Advocate Revenue By : Ms Rajinder Kaur, Cit-Dr Date Of Hearing : 22.04.2025 Date Of Pronouncement : 28.05.2025 Order Per Anubhav Sharma, Jm: These Are Appeals Preferred By The Assessee Against The Orders Dated 31.10.2019 Of The Commissioner Of Income-Tax (Appeals)-23, New Delhi (Hereinafter Referred To As Ld. First Appellate Authority Or In Short Ld. ‘Faa’) In Appeals No.38/2019-20, 39/2019-20 & 40/2019-20 Arising Out Of The Appeals Before It Against The Orders Dated 30.12.2018 Passed U/S 153C R.W.S. 153A Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) By The Dcit, Central Circle-03, New Delhi (Hereinafter Referred To As The Ld. Ao).

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES : E : NEW DELHI BEFORE SHRI M. BALAGANESH, ACCOUNTANT MEMBER AND SHRI ANUBHAV SHARMA, JUDICIAL MEMBER ITAs No.241, 242 & 248/Del/2020 Assessment Years: 2015-16, 2016-17 & 2017-18 Mr. Rameshwer Das, Vs DCIT, 5873, Top Floor, Central Circle-3, Malka Ganj Chowk, New Delhi. Jawahar Nagar, Delhi. PAN: AAAPD2587R (Appellant) (Respondent) Assessee by : Shri Rajiv Khandelwal, CA & Shri Jaind Kumar Jaiswal, Advocate Revenue by : Ms Rajinder Kaur, CIT-DR Date of Hearing : 22.04.2025 Date of Pronouncement : 28.05.2025 ORDER PER ANUBHAV SHARMA, JM: These are appeals pre…

Rameshwer Dass, Delhi vs. DCIT, Central Circle-3, New Delhi

The appeals are allowed

Bench: Shri M. Balaganesh & Shri Anubhav Sharmaitas No.241, 242 & 248/Del/2020 Assessment Years: 2015-16, 2016-17 & 2017-18 Mr. Rameshwer Das, Vs Dcit, 5873, Top Floor, Central Circle-3, Malka Ganj Chowk, New Delhi. Jawahar Nagar, Delhi. Pan: Aaapd2587R (Appellant) (Respondent) Assessee By : Shri Rajiv Khandelwal, Ca & Shri Jaind Kumar Jaiswal, Advocate Revenue By : Ms Rajinder Kaur, Cit-Dr Date Of Hearing : 22.04.2025 Date Of Pronouncement : 28.05.2025 Order Per Anubhav Sharma, Jm: These Are Appeals Preferred By The Assessee Against The Orders Dated 31.10.2019 Of The Commissioner Of Income-Tax (Appeals)-23, New Delhi (Hereinafter Referred To As Ld. First Appellate Authority Or In Short Ld. ‘Faa’) In Appeals No.38/2019-20, 39/2019-20 & 40/2019-20 Arising Out Of The Appeals Before It Against The Orders Dated 30.12.2018 Passed U/S 153C R.W.S. 153A Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) By The Dcit, Central Circle-03, New Delhi (Hereinafter Referred To As The Ld. Ao).

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES : E : NEW DELHI BEFORE SHRI M. BALAGANESH, ACCOUNTANT MEMBER AND SHRI ANUBHAV SHARMA, JUDICIAL MEMBER ITAs No.241, 242 & 248/Del/2020 Assessment Years: 2015-16, 2016-17 & 2017-18 Mr. Rameshwer Das, Vs DCIT, 5873, Top Floor, Central Circle-3, Malka Ganj Chowk, New Delhi. Jawahar Nagar, Delhi. PAN: AAAPD2587R (Appellant) (Respondent) Assessee by : Shri Rajiv Khandelwal, CA & Shri Jaind Kumar Jaiswal, Advocate Revenue by : Ms Rajinder Kaur, CIT-DR Date of Hearing : 22.04.2025 Date of Pronouncement : 28.05.2025 ORDER PER ANUBHAV SHARMA, JM: These are appeals pre…

Assistant Commissioner of Income Tax, Central Circle-2, Gurugram vs. Deepak Kumar Aggarwal, Delhi

In the result, the Appeal of the Revenue is dismissed

Bench: Shri M. Balaganesh & Sh. Yogesh Kumar U.S.Assistant Commissioner Of Vs Deepak Kumar Aggarwal Income Tax, Central House No. 22A, 15, Rajpur Circle-2, 7Th Floor, Hsiidc Road, Civil Lines, Building, Udyogvihar, Delhi-110054, Phase-V, Gurugram, Delhi Haryana Pan: Aaepa8378F

…1 ACIT VS. Deepak Kumar Aggarwal IN THE INCOME TAX APPELLATE TRIBUNAL DELHI (DELHI BENCH ‘B’ NEW DELHI) BEFORE SHRI M. BALAGANESH, ACCOUNTANT MEMBER AND SH. YOGESH KUMAR U.S., JUDICIAL MEMBER Assistant Commissioner of Vs Deepak Kumar Aggarwal Income Tax, Central House No. 22A, 15, Rajpur Circle-2, 7th Floor, HSIIDC Road, Civil Lines, Building, UdyogVihar, Delhi-110054, Phase-V, Gurugram, Delhi Haryana PAN: AAEPA8378F Appellant Respondent Assessee by Shri Rajat Jain, CA and Shri Akshat Jain, CA Revenue by Ms. Meenakshi Dohare, CIT(DR) Date of Hearing 19/05/2025 Date of Pronouncement 19/05/2025 ORDER PER YOG…

Deputy Commissioner of Income Tax, Delhi vs. Aditya Agarwal, Delhi

Appeal is dismissed

Bench: Shri Satbeer Singh Godara & Shri S. Rifaur Rahman

…the date of recording satisfaction by the AO, for computing the six-year block period in the case of a non-searched person, is no longer res integra. Appellant mainly relied on the Hon'ble Supreme Court judgment in the case of CIT-14 vs. Jasjit Singh [2023] 458 ITR 437 (SC)[26-09-2023] which has interpreted the legislative intent behind inserting the first proviso to Section 153C(1) of the Act and stated that that the Parliamentary intent to enact the proviso was to cater not merely to the question of abatement but also with regard to the date from which the six year period was to be reckoned, in respect of whi…

Deputy Commissioner of Income Tax, Delhi vs. Pioneer Dealtrade Pvt. Ltd., Delhi

In the result, the appeal of the Revenue is dismissed

Bench: Shri Vikas Awasthy & Shri Avdhesh Kumar Mishra

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘F’: NEW DELHI BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER AND SHRI AVDHESH KUMAR MISHRA, ACCOUNTANT MEMBER ITA No. 4519/Del/2024, A.Y. 2012-13 Dy. Commissioner of Pioneer Deal trade Pvt. Ltd. Income Tax, 9 LSC, Masjid Moth, Central Circle-6, Vs. Greater Kailash Part-II, 344, ARA Center, New Delhi Jhandwalan, New Delhi PAN: AAECP9746R (Appellant) (Respondent) Appellant by Shri Mayank Patawari, Advocate Shri Akash Ojha, Advocate Respondent by Ms. Harpreet Kaur Hansra, Sr. DR Date of Hearing 20/02/2025 Date of Pronouncement 09/05/2025 ORDER PER AVDHESH KUMAR MISHR…

ACIT, Circle-58(1), New Delhi vs. Rajan Kumar, Delhi

In the result, the appeal of the Revenue is dismissed

Bench: Shri Yogesh Kumar U.S. & Shri Avdhesh Kumar Mishra

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘A’: NEW DELHI BEFORE SHRI YOGESH KUMAR U.S., JUDICIAL MEMBER AND SHRI AVDHESH KUMAR MISHRA, ACCOUNTANT MEMBER ITA No. 1332/Del/2025, A.Y.2015-16 Deputy Commissioner of Vikas Surya Buildwell Private Income Tax, Limited, Central Circle-26, Vs. Plot No. 7, Road No. 41, ARA Building, East Punjabi Bagh, New Delhi Jhandewalan Extn. PAN: AADCV3770E New Delhi (Appellant) (Respondent) Appellant by Sh. Jitender Singh, CIT-DR Respondent by Sh. Mayank Patawari, Advocate Sh. Nipun Gupta, CA Date of Hearing 02/07/2025 Date of Pronouncement 09/07/2025 ORDER PER AVDHESH KUMAR…

Neelam Maheshwari, Delhi vs. DCIT, Central Circle-31, New Delhi, Delhi

The appeal of the assessee is allowed and the impugned assessment is quashed

Bench: SHRI M. BALAGANESH (Accountant Member), SHRI ANUBHAV SHARMA (Judicial Member)

…in hand is 19.09.2022. The search year in the case of the present assessee, thus, has to be construed as AY 2023-24. Reliance for the aforesaid proposition of law can be placed on the decision of the Hon’ble Supreme Court in the case of CIT vs. Jasjit Singh, 458 ITR 437 (SC). 2 5. Thus, the year under consideration, i.e., AY 2021-22 falls within the block period of assessment to be framed u/s 153C of the Act whereas the ld. AO has completed this assessment u/s 143(3) of the Act based on the original date of search of 06.01.2021. 6. In the light of the aforesaid, we are inclined to decide the grounds No.1 to 3 in…

Sharp Business Systems (India) Pvt. Ltd., New Delhi vs. DCIT, New Delhi

The appeals are allowed

Bench: Shri M. Balaganesh & Shri Anubhav Sharmaitas No.241, 242 & 248/Del/2020 Assessment Years: 2015-16, 2016-17 & 2017-18 Mr. Rameshwer Das, Vs Dcit, 5873, Top Floor, Central Circle-3, Malka Ganj Chowk, New Delhi. Jawahar Nagar, Delhi. Pan: Aaapd2587R (Appellant) (Respondent) Assessee By : Shri Rajiv Khandelwal, Ca & Shri Jaind Kumar Jaiswal, Advocate Revenue By : Ms Rajinder Kaur, Cit-Dr Date Of Hearing : 22.04.2025 Date Of Pronouncement : 28.05.2025 Order Per Anubhav Sharma, Jm: These Are Appeals Preferred By The Assessee Against The Orders Dated 31.10.2019 Of The Commissioner Of Income-Tax (Appeals)-23, New Delhi (Hereinafter Referred To As Ld. First Appellate Authority Or In Short Ld. ‘Faa’) In Appeals No.38/2019-20, 39/2019-20 & 40/2019-20 Arising Out Of The Appeals Before It Against The Orders Dated 30.12.2018 Passed U/S 153C R.W.S. 153A Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) By The Dcit, Central Circle-03, New Delhi (Hereinafter Referred To As The Ld. Ao).

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES : E : NEW DELHI BEFORE SHRI M. BALAGANESH, ACCOUNTANT MEMBER AND SHRI ANUBHAV SHARMA, JUDICIAL MEMBER ITAs No.241, 242 & 248/Del/2020 Assessment Years: 2015-16, 2016-17 & 2017-18 Mr. Rameshwer Das, Vs DCIT, 5873, Top Floor, Central Circle-3, Malka Ganj Chowk, New Delhi. Jawahar Nagar, Delhi. PAN: AAAPD2587R (Appellant) (Respondent) Assessee by : Shri Rajiv Khandelwal, CA & Shri Jaind Kumar Jaiswal, Advocate Revenue by : Ms Rajinder Kaur, CIT-DR Date of Hearing : 22.04.2025 Date of Pronouncement : 28.05.2025 ORDER PER ANUBHAV SHARMA, JM: These are appeals pre…

Chitar Pal, Gurgaon vs. ITO, Ward-1(3), Gurgaon

In the result, appeals of Revenue in ITA No

Bench: Shri Yogesh Kumar Us & Shri Naveen Chandra

…or persons covered under section 153C and the calculation of ten preceding assessment years from the end of the relevant assessment year, is no longer res-integra. It has now been well settled by the Hon'ble Supreme Court in the case of CIT Vs. Jasjit Singh 458 ITR 437(SC). The relevant Page 4 of 9 ITA Nos. 3693 & 3694/DEL/ /2025 Co No. 136 & 137/DEL/2025…Transline Technologies [A.Y 2011-12 & 2012-13] law laid down by the Hon'ble Supreme Court in the case of CIT Vs. Jasjit Singh 458 ITR 437(SC) are read as under: “It is evident on a plain interpretation of Section 153C (1) that the Parliamentary intent to e…

Ats Real Estate Builders Private Limited, New Delhi vs. DCIT, Circle-1(1), Delhi

The appeal is allowed

Bench: SHRI VIKAS AWASTHY (Judicial Member), SHRI NAVEEN CHANDRA (Accountant Member)

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES: E : NEW DELHI BEFORE SHRI S. RIFAUR RAHMAN, ACCOUNTANT MEMBER AND SHRI ANUBHAV SHARMA, JUDICIAL MEMBER Assessment Year: 2014-15 Olympus Realtors (P) Ltd., Vs DCIT, Plot No.7D, Maruti Industrial Central Circle-11, Estate, Gurgaon. Sector-18, Gurgaon, Haryana – 122 015. PAN: AAACO6264F (Appellant) (Respondent) Assessee by : Dr. Rakesh Gupta, Advocate; Shri Somil Agarwal, Advocate; & Shri Saksham Agarwal, CA Revenue by : Ms Amisha S. Gupta, CIT-DR Date of Hearing : 17.07.2025 Date of Pronouncement : 13.08.2025 ORDER PER ANUBHAV SHARMA, JM: This appeal is prefe…