Ms. Shaym Lata Kaushik v. Asstt. CIT

ACIT, NEW DELHI vs. M/S. MEROFORM INDIA PVT LTD., NOIDA

In the result appeals filed by the revenue are dismissed and appeal filed by the assessee is partly allowed

Bench: Shri Amit Shukla & Shri L.P. Sahu

…e to an end (abate), which means that the AO gets jurisdiction for six assessment years referred to in section 153A(b) of the act for making an assessment or reassessment." Further Delhi Bench of ITAT in the case of Ms. Shaym Lata Kaushik v. Asstt. CIT [2008] 114 ITD 305 has expressed the similar view- 'The contention of the assessee was that there was no seized material based on which the assessment was completed by the AO in the case of the assessee and, therefore, the assessment 8 framed should be held to be null and void. It was also submitted that the provisions of section 153A cannot be invoked to make an…

ACIT, NEW DELHI vs. M/S. MEROFORM INDIA PVT LTD., NOIDA

In the result appeals filed by the revenue are dismissed and appeal filed by the assessee is partly allowed

Bench: Shri Amit Shukla & Shri L.P. Sahu

…e to an end (abate), which means that the AO gets jurisdiction for six assessment years referred to in section 153A(b) of the act for making an assessment or reassessment." Further Delhi Bench of ITAT in the case of Ms. Shaym Lata Kaushik v. Asstt. CIT [2008] 114 ITD 305 has expressed the similar view- 'The contention of the assessee was that there was no seized material based on which the assessment was completed by the AO in the case of the assessee and, therefore, the assessment 8 framed should be held to be null and void. It was also submitted that the provisions of section 153A cannot be invoked to make an…

ACIT, NEW DELHI vs. M/S. MEROFORM INDIA PVT LTD., NOIDA

In the result appeals filed by the revenue are dismissed and appeal filed by the assessee is partly allowed

Bench: Shri Amit Shukla & Shri L.P. Sahu

…e to an end (abate), which means that the AO gets jurisdiction for six assessment years referred to in section 153A(b) of the act for making an assessment or reassessment." Further Delhi Bench of ITAT in the case of Ms. Shaym Lata Kaushik v. Asstt. CIT [2008] 114 ITD 305 has expressed the similar view- 'The contention of the assessee was that there was no seized material based on which the assessment was completed by the AO in the case of the assessee and, therefore, the assessment 8 framed should be held to be null and void. It was also submitted that the provisions of section 153A cannot be invoked to make an…

ACIT, NEW DELHI vs. M/S. MEROFORM INDIA PVT LTD., NOIDA

In the result appeals filed by the revenue are dismissed and appeal filed by the assessee is partly allowed

Bench: Shri Amit Shukla & Shri L.P. Sahu

…e to an end (abate), which means that the AO gets jurisdiction for six assessment years referred to in section 153A(b) of the act for making an assessment or reassessment." Further Delhi Bench of ITAT in the case of Ms. Shaym Lata Kaushik v. Asstt. CIT [2008] 114 ITD 305 has expressed the similar view- 'The contention of the assessee was that there was no seized material based on which the assessment was completed by the AO in the case of the assessee and, therefore, the assessment 8 framed should be held to be null and void. It was also submitted that the provisions of section 153A cannot be invoked to make an…

ACIT, NEW DELHI vs. M/S. MEROFORM INDIA PVT LTD., NOIDA

In the result appeals filed by the revenue are dismissed and appeal filed by the assessee is partly allowed

Bench: Shri Amit Shukla & Shri L.P. Sahu

…e to an end (abate), which means that the AO gets jurisdiction for six assessment years referred to in section 153A(b) of the act for making an assessment or reassessment." Further Delhi Bench of ITAT in the case of Ms. Shaym Lata Kaushik v. Asstt. CIT [2008] 114 ITD 305 has expressed the similar view- 'The contention of the assessee was that there was no seized material based on which the assessment was completed by the AO in the case of the assessee and, therefore, the assessment 8 framed should be held to be null and void. It was also submitted that the provisions of section 153A cannot be invoked to make an…

ACIT, NEW DELHI vs. M/S. MEROFORM INDIA PVT LTD., NOIDA

In the result appeals filed by the revenue are dismissed and appeal filed by the assessee is partly allowed

Bench: Shri Amit Shukla & Shri L.P. Sahu

…e to an end (abate), which means that the AO gets jurisdiction for six assessment years referred to in section 153A(b) of the act for making an assessment or reassessment." Further Delhi Bench of ITAT in the case of Ms. Shaym Lata Kaushik v. Asstt. CIT [2008] 114 ITD 305 has expressed the similar view- 'The contention of the assessee was that there was no seized material based on which the assessment was completed by the AO in the case of the assessee and, therefore, the assessment 8 framed should be held to be null and void. It was also submitted that the provisions of section 153A cannot be invoked to make an…

M/S. MEROFORM (INDIA) PVT. LTD.,UTTAR PRADESH vs. DCIT, NEW DELHI

In the result appeals filed by the revenue are dismissed and appeal filed by the assessee is partly allowed

Bench: Shri Amit Shukla & Shri L.P. Sahu

…e to an end (abate), which means that the AO gets jurisdiction for six assessment years referred to in section 153A(b) of the act for making an assessment or reassessment." Further Delhi Bench of ITAT in the case of Ms. Shaym Lata Kaushik v. Asstt. CIT [2008] 114 ITD 305 has expressed the similar view- 'The contention of the assessee was that there was no seized material based on which the assessment was completed by the AO in the case of the assessee and, therefore, the assessment 8 framed should be held to be null and void. It was also submitted that the provisions of section 153A cannot be invoked to make an…

JCIT, NEW DELHI vs. M/S BHARAT EXPORTS CORPORATION PVT. LTD., NEW DELHI

Bench: : Shri H.S. Sidhu & Shri L.P. Sahu

…nfined to merely undisclosed income found as a result of search u/s. 158BC of the Act or income which has escaped assessment u/s. 147 of the Act. Infact, similar view has been expressed by Delhi Bench in the case of Ms, Shyam Lata Kaushik vs. ACIT reported in 114 ITD 305 wherein it was held as under: "2.3 We are of the view that this contention of the learned counsel, for the assessee cannot be accepted. As rightly contended by the learned Departmental Representative, there is no requirement for an assessment made under section 153A of the Act being based on any material seized in the course of search. Further un…

DCIT, NEW DELHI vs. M/S SWASTIC PIPES LTD.,, NEW DELHI

In the result, appeals of the department are dismissed and the Cross Objections of the assessee are allowed

Bench: Sh. N. K. Saini, Am & Sh. A. T. Varkey, Jm Ita Nos. 602 To 605/Del/2013 : Asstt. Years : 2003-04 To 2006-07 Deputy Commissioner Of Income Vs M/S Swastic Piples Ltd., Tax, Central Circle-13, 4, Central Market, West Avenue New Delhi Road, West Punjabi Bagh, New Delhi-110026 (Appellant) (Respondent) Co Nos. 46 To 49/Del/2013 : Asstt. Years : 2003-04 To 2006-07 M/S Swastic Piples Ltd., Vs Deputy Commissioner Of Income 4, Central Market, West Avenue Tax, Central Circle-13, Road, West Punjabi Bagh, New Delhi New Delhi-110026 (Appellant) (Respondent) Pan No. Aaacs0322C Assessee By : Sh. Ved Jain, Adv. Revenue By : Smt. Sunita Kejriwal, Cit Dr Date Of Hearing : 17.11.2015 Date Of Pronouncement : 05.02.2016 Order Per Bench:

…the course of the search. Section 153A of the I.T. Act, 1961 does not put any such restriction at all. Reliance is further placed on Shivanath Rai Harnarain India Ltd. Vs DCIT (ITAT, Del) 304 ITR (AT) 271; 117 ITD 74 and Shyam Lata Kaushik Vs ACIT (ITAT, Del) 114 ITD 305. In these case laws, it has been held that assessment can be made u/s 153A even if no material found during search.” (Emphasis supplied) 10. From the above submissions of the AO before the ld. CIT(A) in the remand report, it is crystal clear that the AO himself admitted that he got all the powers to assess the income of the assessee and such asse…

DCIT, NEW DELHI vs. M/S SWASTIC PIPES LTD.,, NEW DELHI

In the result, appeals of the department are dismissed and the Cross Objections of the assessee are allowed

Bench: Sh. N. K. Saini, Am & Sh. A. T. Varkey, Jm Ita Nos. 602 To 605/Del/2013 : Asstt. Years : 2003-04 To 2006-07 Deputy Commissioner Of Income Vs M/S Swastic Piples Ltd., Tax, Central Circle-13, 4, Central Market, West Avenue New Delhi Road, West Punjabi Bagh, New Delhi-110026 (Appellant) (Respondent) Co Nos. 46 To 49/Del/2013 : Asstt. Years : 2003-04 To 2006-07 M/S Swastic Piples Ltd., Vs Deputy Commissioner Of Income 4, Central Market, West Avenue Tax, Central Circle-13, Road, West Punjabi Bagh, New Delhi New Delhi-110026 (Appellant) (Respondent) Pan No. Aaacs0322C Assessee By : Sh. Ved Jain, Adv. Revenue By : Smt. Sunita Kejriwal, Cit Dr Date Of Hearing : 17.11.2015 Date Of Pronouncement : 05.02.2016 Order Per Bench:

…the course of the search. Section 153A of the I.T. Act, 1961 does not put any such restriction at all. Reliance is further placed on Shivanath Rai Harnarain India Ltd. Vs DCIT (ITAT, Del) 304 ITR (AT) 271; 117 ITD 74 and Shyam Lata Kaushik Vs ACIT (ITAT, Del) 114 ITD 305. In these case laws, it has been held that assessment can be made u/s 153A even if no material found during search.” (Emphasis supplied) 10. From the above submissions of the AO before the ld. CIT(A) in the remand report, it is crystal clear that the AO himself admitted that he got all the powers to assess the income of the assessee and such asse…