Jai Steel (India) v. ACIT

259 CTR 281High Court2013#397 most cited

What is Jai Steel (India) v. ACIT authority for?

Under Section 153A, for completed assessments (under Section 143(1) or 143(3)) where no incriminating material is found during a search under Section 132, the Assessing Officer cannot make additions to the income already assessed. Additions are only permissible if based on undisclosed income or assets discovered during the search.

224

judgments rely on this decision, according to BharatTax’s citation analysis of 366,459 Indian tax judgments — from 2015 to 2025.

Also referred to as

Jai Steel India v ACIT · Section 153A assessment · Section 132 search · incriminating material requirement · completed assessments · undisclosed income additions · scope of search assessment · Section 143(3) · Section 143(1) · additions without incriminating material

Also reported as

26 Taxmann.com 523

Sections most often in play

Section 153ASection 132Section 143(3)Section 139(1)Section 1961Section 10(38)Section 143(2)Section 148
Read the full judgment

Issues it is cited on

section 69dstatutory duessection 158bbsection 245section 153(1)section 153a(1)survey under section 133adocuments seizedblock periodregular assessmentsection 132(1)section 69b

Judgments citing Jai Steel (India) v. ACIT

Deputy Commissioner of Income Tax, Central Circle-2, Jaipur vs. M/S Ksheer Sagar Developers Pvt. Ltd., Jaipur

In the result, all these five appeals of the revenue are dismissed

ITA 1162/JPR/2019[2015-16]Status: DisposedITAT Jaipur31 Aug 2021AY 2015-16

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita Nos. 1158 To 1162/Jp/2019 Assessment Years: 2011-12 To 2015-16 Deputy Commissioner Of Cuke M/S Ksheer Sagar Developers Vs. Income Tax, Pvt. Ltd., Central Circle-2, Hotel Royal Orchid, Opp.- Bsnl Jaipur. Office, Near Durgapura Flyover, Tonk Road, Jaipur-302018. Pan No.: Aacck 3154 G Vihykfkhz@Appellant Izr;Fkhz@Respondent Jktlo Dh Vksj Ls@ Revenue By : Shri Rajendra Singh (Cit-Dr) Fu/Kzkfjrh Dh Vksj Ls@ Assessee By: Shri S.R. Sharma, (Ca) & Shri Rajnikant Bhatra (Ca) Lquokbz Dh Rkjh[K@ Date Of Hearing : 06/07/2021 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 31/08/2021 Vkns'K@ Order Per: Sandeep Gosain, J.M. These Are The Appeals Filed By The Revenue Against The Two Separate Orders Of The Ld. Cit(A)-4, Jaipur All Dated 31/07/2019 For The A.Y. 2011- 12 To 2015-16 Respectively.

For Appellant: Shri S.R. Sharma, (CA) &For Respondent: Shri Rajendra Singh (CIT-DR) fu/kZkfjrh dh vksj ls@
Section 132Section 139Section 153ASection 35ASection 43BSection 69C

…s [Para 2] [In favour of assessee] 7.4 The issue of additions made by the AO in the assessment u/s 143(3)/153A without any reference to incriminating seized material was considered by the Hon’ble Rajasthan High court in the case of Jai Steel limited vs. ACIT (88 DTR 1). The Hon’ble Court was of the view in case of completed assessments no addition can be made if no incriminating seized material is found during the course of search. The relevant observation of the judgment is reproduced below: “In the firm opinion o/ this Court from a plain reading of the provision along with the purpose and purport of the said p…

Deputy Commissioner of Income Tax, Central Circle-2, Jaipur vs. M/S Ksheer Sagar Developers Pvt. Ltd., Jaipur

In the result, all these five appeals of the revenue are dismissed

ITA 1161/JPR/2019[2014-15]Status: DisposedITAT Jaipur31 Aug 2021AY 2014-15

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita Nos. 1158 To 1162/Jp/2019 Assessment Years: 2011-12 To 2015-16 Deputy Commissioner Of Cuke M/S Ksheer Sagar Developers Vs. Income Tax, Pvt. Ltd., Central Circle-2, Hotel Royal Orchid, Opp.- Bsnl Jaipur. Office, Near Durgapura Flyover, Tonk Road, Jaipur-302018. Pan No.: Aacck 3154 G Vihykfkhz@Appellant Izr;Fkhz@Respondent Jktlo Dh Vksj Ls@ Revenue By : Shri Rajendra Singh (Cit-Dr) Fu/Kzkfjrh Dh Vksj Ls@ Assessee By: Shri S.R. Sharma, (Ca) & Shri Rajnikant Bhatra (Ca) Lquokbz Dh Rkjh[K@ Date Of Hearing : 06/07/2021 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 31/08/2021 Vkns'K@ Order Per: Sandeep Gosain, J.M. These Are The Appeals Filed By The Revenue Against The Two Separate Orders Of The Ld. Cit(A)-4, Jaipur All Dated 31/07/2019 For The A.Y. 2011- 12 To 2015-16 Respectively.

For Appellant: Shri S.R. Sharma, (CA) &For Respondent: Shri Rajendra Singh (CIT-DR) fu/kZkfjrh dh vksj ls@
Section 132Section 139Section 153ASection 35ASection 43BSection 69C

…s [Para 2] [In favour of assessee] 7.4 The issue of additions made by the AO in the assessment u/s 143(3)/153A without any reference to incriminating seized material was considered by the Hon’ble Rajasthan High court in the case of Jai Steel limited vs. ACIT (88 DTR 1). The Hon’ble Court was of the view in case of completed assessments no addition can be made if no incriminating seized material is found during the course of search. The relevant observation of the judgment is reproduced below: “In the firm opinion o/ this Court from a plain reading of the provision along with the purpose and purport of the said p…

Deputy Commissioner of Income Tax, Central Circle-2, Jaipur vs. M/S Ksheer Sagar Developers Pvt. Ltd., Jaipur

In the result, all these five appeals of the revenue are dismissed

ITA 1160/JPR/2019[2013-14]Status: DisposedITAT Jaipur31 Aug 2021AY 2013-14

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita Nos. 1158 To 1162/Jp/2019 Assessment Years: 2011-12 To 2015-16 Deputy Commissioner Of Cuke M/S Ksheer Sagar Developers Vs. Income Tax, Pvt. Ltd., Central Circle-2, Hotel Royal Orchid, Opp.- Bsnl Jaipur. Office, Near Durgapura Flyover, Tonk Road, Jaipur-302018. Pan No.: Aacck 3154 G Vihykfkhz@Appellant Izr;Fkhz@Respondent Jktlo Dh Vksj Ls@ Revenue By : Shri Rajendra Singh (Cit-Dr) Fu/Kzkfjrh Dh Vksj Ls@ Assessee By: Shri S.R. Sharma, (Ca) & Shri Rajnikant Bhatra (Ca) Lquokbz Dh Rkjh[K@ Date Of Hearing : 06/07/2021 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 31/08/2021 Vkns'K@ Order Per: Sandeep Gosain, J.M. These Are The Appeals Filed By The Revenue Against The Two Separate Orders Of The Ld. Cit(A)-4, Jaipur All Dated 31/07/2019 For The A.Y. 2011- 12 To 2015-16 Respectively.

For Appellant: Shri S.R. Sharma, (CA) &For Respondent: Shri Rajendra Singh (CIT-DR) fu/kZkfjrh dh vksj ls@
Section 132Section 139Section 153ASection 35ASection 43BSection 69C

…s [Para 2] [In favour of assessee] 7.4 The issue of additions made by the AO in the assessment u/s 143(3)/153A without any reference to incriminating seized material was considered by the Hon’ble Rajasthan High court in the case of Jai Steel limited vs. ACIT (88 DTR 1). The Hon’ble Court was of the view in case of completed assessments no addition can be made if no incriminating seized material is found during the course of search. The relevant observation of the judgment is reproduced below: “In the firm opinion o/ this Court from a plain reading of the provision along with the purpose and purport of the said p…

Deputy Commissioner of Income Tax, Central Circle-2, Jaipur vs. M/S Ksheer Sagar Developers Pvt. Ltd., Jaipur

In the result, all these five appeals of the revenue are dismissed

ITA 1159/JPR/2019[2012-13]Status: DisposedITAT Jaipur31 Aug 2021AY 2012-13

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita Nos. 1158 To 1162/Jp/2019 Assessment Years: 2011-12 To 2015-16 Deputy Commissioner Of Cuke M/S Ksheer Sagar Developers Vs. Income Tax, Pvt. Ltd., Central Circle-2, Hotel Royal Orchid, Opp.- Bsnl Jaipur. Office, Near Durgapura Flyover, Tonk Road, Jaipur-302018. Pan No.: Aacck 3154 G Vihykfkhz@Appellant Izr;Fkhz@Respondent Jktlo Dh Vksj Ls@ Revenue By : Shri Rajendra Singh (Cit-Dr) Fu/Kzkfjrh Dh Vksj Ls@ Assessee By: Shri S.R. Sharma, (Ca) & Shri Rajnikant Bhatra (Ca) Lquokbz Dh Rkjh[K@ Date Of Hearing : 06/07/2021 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 31/08/2021 Vkns'K@ Order Per: Sandeep Gosain, J.M. These Are The Appeals Filed By The Revenue Against The Two Separate Orders Of The Ld. Cit(A)-4, Jaipur All Dated 31/07/2019 For The A.Y. 2011- 12 To 2015-16 Respectively.

For Appellant: Shri S.R. Sharma, (CA) &For Respondent: Shri Rajendra Singh (CIT-DR) fu/kZkfjrh dh vksj ls@
Section 132Section 139Section 153ASection 35ASection 43BSection 69C

…s [Para 2] [In favour of assessee] 7.4 The issue of additions made by the AO in the assessment u/s 143(3)/153A without any reference to incriminating seized material was considered by the Hon’ble Rajasthan High court in the case of Jai Steel limited vs. ACIT (88 DTR 1). The Hon’ble Court was of the view in case of completed assessments no addition can be made if no incriminating seized material is found during the course of search. The relevant observation of the judgment is reproduced below: “In the firm opinion o/ this Court from a plain reading of the provision along with the purpose and purport of the said p…

Deputy Commissioner of Income Tax, Central Circle-2, Jaipur vs. M/S Ksheer Sagar Developers Pvt. Ltd., Jaipur

In the result, all these five appeals of the revenue are dismissed

ITA 1158/JPR/2019[2011-12]Status: DisposedITAT Jaipur31 Aug 2021AY 2011-12

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita Nos. 1158 To 1162/Jp/2019 Assessment Years: 2011-12 To 2015-16 Deputy Commissioner Of Cuke M/S Ksheer Sagar Developers Vs. Income Tax, Pvt. Ltd., Central Circle-2, Hotel Royal Orchid, Opp.- Bsnl Jaipur. Office, Near Durgapura Flyover, Tonk Road, Jaipur-302018. Pan No.: Aacck 3154 G Vihykfkhz@Appellant Izr;Fkhz@Respondent Jktlo Dh Vksj Ls@ Revenue By : Shri Rajendra Singh (Cit-Dr) Fu/Kzkfjrh Dh Vksj Ls@ Assessee By: Shri S.R. Sharma, (Ca) & Shri Rajnikant Bhatra (Ca) Lquokbz Dh Rkjh[K@ Date Of Hearing : 06/07/2021 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 31/08/2021 Vkns'K@ Order Per: Sandeep Gosain, J.M. These Are The Appeals Filed By The Revenue Against The Two Separate Orders Of The Ld. Cit(A)-4, Jaipur All Dated 31/07/2019 For The A.Y. 2011- 12 To 2015-16 Respectively.

For Appellant: Shri S.R. Sharma, (CA) &For Respondent: Shri Rajendra Singh (CIT-DR) fu/kZkfjrh dh vksj ls@
Section 132Section 139Section 153ASection 35ASection 43BSection 69C

…s [Para 2] [In favour of assessee] 7.4 The issue of additions made by the AO in the assessment u/s 143(3)/153A without any reference to incriminating seized material was considered by the Hon’ble Rajasthan High court in the case of Jai Steel limited vs. ACIT (88 DTR 1). The Hon’ble Court was of the view in case of completed assessments no addition can be made if no incriminating seized material is found during the course of search. The relevant observation of the judgment is reproduced below: “In the firm opinion o/ this Court from a plain reading of the provision along with the purpose and purport of the said p…

Jsw Seel Ltd, Mumbai vs. DCIT Cen Cir 46, Mumbai

In the result, both appeals are dismissed

ITA 875/MUM/2015[2006-07]Status: DisposedITAT Mumbai10 Aug 2021AY 2006-07

Bench: Shri Shamim Yahya (Am) & Shri Amarjit Singh (Jm) Jsw Steel Ltd. Dcit, Cc-46 6Th Floor, Aaykar Bhawan Jsw Centre, Bkc Complex Mumbai-400 051 Vs. M.K.Road, Mumbai-400 020

For Appellant: Shri Gaurav KabraFor Respondent: 01.06.2021
Section 143(3)Section 153A

…e claim has not been made by way of revised return, hence Hon’ble supreme court decision in the case of Goetze(I) Ltd. 284 ITR 323 is applicable. Furthermore, Ld. CIT(A) found that as held by Hon’ble Rajasthan High Court in the case of Jai Steel India vs ACIT 259 CTR 281 that the provisions of Sections 153A to 153C cannot be interpreted to be a further innings for the AO and/or assessee. Hence, he found that the claim was not maintainable hence he dismissed the claim. The order of Ld.CIT(A) in this regard is as under:- I find that the appellant had never made claim of reduction of sales tax incentive from Book Pr…

DCIT Cen Cir 8(3) Erstwhile DCIT CC 46, Mumbai vs. Jsw Steel Ltd, Mumbai

In the result, both appeals are dismissed

ITA 1338/MUM/2015[2006-07]Status: DisposedITAT Mumbai10 Aug 2021AY 2006-07

Bench: Shri Shamim Yahya (Am) & Shri Amarjit Singh (Jm) Jsw Steel Ltd. Dcit, Cc-46 6Th Floor, Aaykar Bhawan Jsw Centre, Bkc Complex Mumbai-400 051 Vs. M.K.Road, Mumbai-400 020

For Appellant: Shri Gaurav KabraFor Respondent: 01.06.2021
Section 143(3)Section 153A

…e claim has not been made by way of revised return, hence Hon’ble supreme court decision in the case of Goetze(I) Ltd. 284 ITR 323 is applicable. Furthermore, Ld. CIT(A) found that as held by Hon’ble Rajasthan High Court in the case of Jai Steel India vs ACIT 259 CTR 281 that the provisions of Sections 153A to 153C cannot be interpreted to be a further innings for the AO and/or assessee. Hence, he found that the claim was not maintainable hence he dismissed the claim. The order of Ld.CIT(A) in this regard is as under:- I find that the appellant had never made claim of reduction of sales tax incentive from Book Pr…

Prakash Industries Ltd., New Delhi vs. ACIT, CC- 30, New Delhi

ITA 4070/DEL/2017[2014-15]Status: DisposedITAT Delhi18 Jun 2021AY 2014-15

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

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

…mentyear, which is clear from the first proviso thereto which provides that the assessing officer shallassess or reassess the total income in respect of each assessment year falling within such sixassessment years.” g. Jai Steel (India), Jodhpur v ACIT[2013] 259 CTR 281 (Rajasthan) A plain reading of the provision of section 153A would reveal that if a search or requisition is initiated after 31-5- 2003, the assessing officer is under an obligation to issue notice to such person, who has been subjected to search/requisition to furnish the return of income of six years immediately preceding the year of search. T…

Prakash Industries Ltd., New Delhi vs. ACIT, CC- 30, New Delhi

ITA 4069/DEL/2017[2013-14]Status: DisposedITAT Delhi18 Jun 2021AY 2013-14

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

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

…mentyear, which is clear from the first proviso thereto which provides that the assessing officer shallassess or reassess the total income in respect of each assessment year falling within such sixassessment years.” g. Jai Steel (India), Jodhpur v ACIT[2013] 259 CTR 281 (Rajasthan) A plain reading of the provision of section 153A would reveal that if a search or requisition is initiated after 31-5- 2003, the assessing officer is under an obligation to issue notice to such person, who has been subjected to search/requisition to furnish the return of income of six years immediately preceding the year of search. T…

Prakash Industries Ltd., New Delhi vs. ACIT, CC- 30, New Delhi

ITA 4068/DEL/2017[2012-13]Status: DisposedITAT Delhi18 Jun 2021AY 2012-13

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

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

…mentyear, which is clear from the first proviso thereto which provides that the assessing officer shallassess or reassess the total income in respect of each assessment year falling within such sixassessment years.” g. Jai Steel (India), Jodhpur v ACIT[2013] 259 CTR 281 (Rajasthan) A plain reading of the provision of section 153A would reveal that if a search or requisition is initiated after 31-5- 2003, the assessing officer is under an obligation to issue notice to such person, who has been subjected to search/requisition to furnish the return of income of six years immediately preceding the year of search. T…

Prakash Industries Ltd., New Delhi vs. ACIT, CC- 30, New Delhi

ITA 4067/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 153ASection 68

…mentyear, which is clear from the first proviso thereto which provides that the assessing officer shallassess or reassess the total income in respect of each assessment year falling within such sixassessment years.” g. Jai Steel (India), Jodhpur v ACIT[2013] 259 CTR 281 (Rajasthan) A plain reading of the provision of section 153A would reveal that if a search or requisition is initiated after 31-5- 2003, the assessing officer is under an obligation to issue notice to such person, who has been subjected to search/requisition to furnish the return of income of six years immediately preceding the year of search. T…

Prakash Industries Ltd., New Delhi vs. ACIT, CC- 30, New Delhi

ITA 4066/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 153ASection 68

…mentyear, which is clear from the first proviso thereto which provides that the assessing officer shallassess or reassess the total income in respect of each assessment year falling within such sixassessment years.” g. Jai Steel (India), Jodhpur v ACIT[2013] 259 CTR 281 (Rajasthan) A plain reading of the provision of section 153A would reveal that if a search or requisition is initiated after 31-5- 2003, the assessing officer is under an obligation to issue notice to such person, who has been subjected to search/requisition to furnish the return of income of six years immediately preceding the year of search. T…

Prakash Industries Ltd., New Delhi vs. ACIT, CC- 30, New Delhi

ITA 4065/DEL/2017[2008-09]Status: DisposedITAT Delhi18 Jun 2021AY 2008-09

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

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

…mentyear, which is clear from the first proviso thereto which provides that the assessing officer shallassess or reassess the total income in respect of each assessment year falling within such sixassessment years.” g. Jai Steel (India), Jodhpur v ACIT[2013] 259 CTR 281 (Rajasthan) A plain reading of the provision of section 153A would reveal that if a search or requisition is initiated after 31-5- 2003, the assessing officer is under an obligation to issue notice to such person, who has been subjected to search/requisition to furnish the return of income of six years immediately preceding the year of search. T…

Prakash Industries Ltd., New Delhi vs. ACIT, Central Circle- 30, New Delhi

ITA 4064/DEL/2017[2008-09]Status: DisposedITAT Delhi18 Jun 2021AY 2008-09

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

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

…mentyear, which is clear from the first proviso thereto which provides that the assessing officer shallassess or reassess the total income in respect of each assessment year falling within such sixassessment years.” g. Jai Steel (India), Jodhpur v ACIT[2013] 259 CTR 281 (Rajasthan) A plain reading of the provision of section 153A would reveal that if a search or requisition is initiated after 31-5- 2003, the assessing officer is under an obligation to issue notice to such person, who has been subjected to search/requisition to furnish the return of income of six years immediately preceding the year of search. T…

ACIT, Central Circle- 30, New Delhi vs. Prakash Industries Ltd., Hisar

ITA 4043/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 153ASection 68

…mentyear, which is clear from the first proviso thereto which provides that the assessing officer shallassess or reassess the total income in respect of each assessment year falling within such sixassessment years.” g. Jai Steel (India), Jodhpur v ACIT[2013] 259 CTR 281 (Rajasthan) A plain reading of the provision of section 153A would reveal that if a search or requisition is initiated after 31-5- 2003, the assessing officer is under an obligation to issue notice to such person, who has been subjected to search/requisition to furnish the return of income of six years immediately preceding the year of search. T…

ACIT, Central Circle- 30, New Delhi vs. Parkash Industries Ltd, Hisar

ITA 4042/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 153ASection 68

…mentyear, which is clear from the first proviso thereto which provides that the assessing officer shallassess or reassess the total income in respect of each assessment year falling within such sixassessment years.” g. Jai Steel (India), Jodhpur v ACIT[2013] 259 CTR 281 (Rajasthan) A plain reading of the provision of section 153A would reveal that if a search or requisition is initiated after 31-5- 2003, the assessing officer is under an obligation to issue notice to such person, who has been subjected to search/requisition to furnish the return of income of six years immediately preceding the year of search. T…

ACIT, Central Circle- 30, New Delhi vs. Parkash Industries Ltd, Hisar

ITA 4041/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 153ASection 68

…mentyear, which is clear from the first proviso thereto which provides that the assessing officer shallassess or reassess the total income in respect of each assessment year falling within such sixassessment years.” g. Jai Steel (India), Jodhpur v ACIT[2013] 259 CTR 281 (Rajasthan) A plain reading of the provision of section 153A would reveal that if a search or requisition is initiated after 31-5- 2003, the assessing officer is under an obligation to issue notice to such person, who has been subjected to search/requisition to furnish the return of income of six years immediately preceding the year of search. T…

ACIT, Central Circle- 30, New Delhi vs. Parkash Industries Ltd, Hisar

ITA 4040/DEL/2017[2008-09]Status: DisposedITAT Delhi18 Jun 2021AY 2008-09

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

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

…mentyear, which is clear from the first proviso thereto which provides that the assessing officer shallassess or reassess the total income in respect of each assessment year falling within such sixassessment years.” g. Jai Steel (India), Jodhpur v ACIT[2013] 259 CTR 281 (Rajasthan) A plain reading of the provision of section 153A would reveal that if a search or requisition is initiated after 31-5- 2003, the assessing officer is under an obligation to issue notice to such person, who has been subjected to search/requisition to furnish the return of income of six years immediately preceding the year of search. T…

ACIT, Central Circle- 30, New Delhi vs. Prakash Industries Ltd., Hisar

ITA 4039/DEL/2017[2007-08]Status: DisposedITAT Delhi18 Jun 2021AY 2007-08

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

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

…mentyear, which is clear from the first proviso thereto which provides that the assessing officer shallassess or reassess the total income in respect of each assessment year falling within such sixassessment years.” g. Jai Steel (India), Jodhpur v ACIT[2013] 259 CTR 281 (Rajasthan) A plain reading of the provision of section 153A would reveal that if a search or requisition is initiated after 31-5- 2003, the assessing officer is under an obligation to issue notice to such person, who has been subjected to search/requisition to furnish the return of income of six years immediately preceding the year of search. T…

DCIT, New Delhi vs. M/S. Vision Town Planners Pvt. Ltd., Noida

In the result, the appeals of the Revenue are dismissed

ITA 6068/DEL/2014[2011-12]Status: DisposedITAT Delhi24 May 2021AY 2011-12

Bench: Shri Amit Shukla & Shri Prashant Maharishi

For Appellant: Ms. Sunita singh, CIT-DRFor Respondent: Shri Rakesh Joshi, CA
Section 143(1)Section 153ASection 153C

…section 153A in respect of closed assessment. Present case i.e. for A.Y. 2010-11 & 2011-12 in appellant was assessed earlier u/s 153C therefore, definitely both the assessment are closed assessment. Ld. AR relied upon the decision of Jai Steel India Vs. ACIT (259 CTR 281) Raj. & Singhad Technical Education Society Vs. ACIT (ITAT, Pune), where it has been held that other person (not searched) cannot be proceeded against such persons u/s 153C unless 9 I.T.As. No.6067 & 6068/DEL/2014 documents / papers seized belongs to such person & are of incriminating in nature. Ld. AR has further relied upon the decision of ho…