PCIT v. Anand Kumar Jain

Deputy Commissioner of Income Tax, Delhi vs. M/S Vestige Marketing Private Limited, Delhi

Bench: Shri Before Shri Satbeer Singh Godarabefore Shri Before Shri Satbeer Singh Godarasatbeer Singh Godara & Satbeer Singh Godara & And & Shri Naveen Chandra Shri Naveen Chandra, , , Shri Naveen Chandra Shri Naveen Chandra

…nce to any other material discovered during search and seizure operations on appellant. In this regard appellant places reliance on below mentioned judgments: 18 ITA-5515/Del/2025 & 13 others i) In the case of Pr. CI Pr. CI Pr. CIT v. Anand Kumar Jain (HUF) 432 ITR 384 (Del) Pr. CI T v. Anand Kumar Jain (HUF) 432 ITR 384 (Del) T v. Anand Kumar Jain (HUF) 432 ITR 384 (Del) it T v. Anand Kumar Jain (HUF) 432 ITR 384 (Del) was held as under: - 8. Next, we find that, the assessment has been framed under section 153A, consequent to the search action. The scope and ambit of section 153A is well defined. This court, i…

Deputy Commissioner of Income Tax, Delhi vs. M/S Vestige Marketing Private Limited, Delhi

Bench: Shri Satbeer Singh Godara & Shri Naveen Chandra

…addition on a 'standalone basis', without reference to any other material discovered during search and seizure operations on appellant. In this regard appellant places reliance on below mentioned judgments: i) In the case of Pr. CIT v. Anand Kumar Jain (HUF) 432 ITR 384 (Del) it was held as under: - 8. Next, we find that, the assessment has been framed under section 153A, consequent to the search action. The scope and ambit of section 153A is well defined. This court, in CIT v. Kabul Chawla, concerning the scope of assessment under Section 153A, has laid out and summarized the legal position after taking into ac…

Deputy Commissioner of Income Tax, Delhi vs. M/S Vestige Marketing Private Limited, Delhi

Bench: Shri Before Shri Satbeer Singh Godarabefore Shri Before Shri Satbeer Singh Godarasatbeer Singh Godara & Satbeer Singh Godara & And & Shri Naveen Chandra Shri Naveen Chandra, , , Shri Naveen Chandra Shri Naveen Chandra

…nce to any other material discovered during search and seizure operations on appellant. In this regard appellant places reliance on below mentioned judgments: 18 ITA-5515/Del/2025 & 13 others i) In the case of Pr. CI Pr. CI Pr. CIT v. Anand Kumar Jain (HUF) 432 ITR 384 (Del) Pr. CI T v. Anand Kumar Jain (HUF) 432 ITR 384 (Del) T v. Anand Kumar Jain (HUF) 432 ITR 384 (Del) it T v. Anand Kumar Jain (HUF) 432 ITR 384 (Del) was held as under: - 8. Next, we find that, the assessment has been framed under section 153A, consequent to the search action. The scope and ambit of section 153A is well defined. This court, i…

Deputy Commissioner of Income Tax, Delhi vs. M/S Vestige Marketing Private Limited, Delhi

Bench: Shri Satbeer Singh Godara & Shri Naveen Chandra

…addition on a 'standalone basis', without reference to any other material discovered during search and seizure operations on appellant. In this regard appellant places reliance on below mentioned judgments: i) In the case of Pr. CIT v. Anand Kumar Jain (HUF) 432 ITR 384 (Del) it was held as under: - 8. Next, we find that, the assessment has been framed under section 153A, consequent to the search action. The scope and ambit of section 153A is well defined. This court, in CIT v. Kabul Chawla, concerning the scope of assessment under Section 153A, has laid out and summarized the legal position after taking into ac…

Vestige Marketing Pvt Ltd, Delhi vs. DCIT Central Circle -05, Delhi

Bench: Shri Before Shri Satbeer Singh Godarabefore Shri Before Shri Satbeer Singh Godarasatbeer Singh Godara & Satbeer Singh Godara & And & Shri Naveen Chandra Shri Naveen Chandra, , , Shri Naveen Chandra Shri Naveen Chandra

…nce to any other material discovered during search and seizure operations on appellant. In this regard appellant places reliance on below mentioned judgments: 18 ITA-5515/Del/2025 & 13 others i) In the case of Pr. CI Pr. CI Pr. CIT v. Anand Kumar Jain (HUF) 432 ITR 384 (Del) Pr. CI T v. Anand Kumar Jain (HUF) 432 ITR 384 (Del) T v. Anand Kumar Jain (HUF) 432 ITR 384 (Del) it T v. Anand Kumar Jain (HUF) 432 ITR 384 (Del) was held as under: - 8. Next, we find that, the assessment has been framed under section 153A, consequent to the search action. The scope and ambit of section 153A is well defined. This court, i…

Vestige Marketing Pvt Ltd, Delhi vs. DCIT, Central Circle-05, Delhi

Bench: Shri Satbeer Singh Godara & Shri Naveen Chandra

…addition on a 'standalone basis', without reference to any other material discovered during search and seizure operations on appellant. In this regard appellant places reliance on below mentioned judgments: i) In the case of Pr. CIT v. Anand Kumar Jain (HUF) 432 ITR 384 (Del) it was held as under: - 8. Next, we find that, the assessment has been framed under section 153A, consequent to the search action. The scope and ambit of section 153A is well defined. This court, in CIT v. Kabul Chawla, concerning the scope of assessment under Section 153A, has laid out and summarized the legal position after taking into ac…

Vestige Marketing Pvt Ltd, Delhi vs. DCIT, Central Circle-05, Delhi

Bench: Shri Satbeer Singh Godara & Shri Naveen Chandra

…addition on a 'standalone basis', without reference to any other material discovered during search and seizure operations on appellant. In this regard appellant places reliance on below mentioned judgments: i) In the case of Pr. CIT v. Anand Kumar Jain (HUF) 432 ITR 384 (Del) it was held as under: - 8. Next, we find that, the assessment has been framed under section 153A, consequent to the search action. The scope and ambit of section 153A is well defined. This court, in CIT v. Kabul Chawla, concerning the scope of assessment under Section 153A, has laid out and summarized the legal position after taking into ac…

Vestige Marketing Pvt. Ltd., Delhi vs. DCIT, Central Circle- 05, Delhi

Bench: Shri Satbeer Singh Godara & Shri Naveen Chandra

…addition on a 'standalone basis', without reference to any other material discovered during search and seizure operations on appellant. In this regard appellant places reliance on below mentioned judgments: i) In the case of Pr. CIT v. Anand Kumar Jain (HUF) 432 ITR 384 (Del) it was held as under: - 8. Next, we find that, the assessment has been framed under section 153A, consequent to the search action. The scope and ambit of section 153A is well defined. This court, in CIT v. Kabul Chawla,¹ concerning the scope of assessment under Section 153A, has laid out and summarized the legal position after taking into a…

Joint Commissioner of Income Tax (OSD), Central Circle-20, Delhi vs. M B Power (Madhya Pradesh) Ltd., Delhi

In the result, appeal of the Revenue is dismissed

Bench: Shri Sudhir Kumar & Shri Manish Agarwal[Assessment Year : 2018-19] M.B.Power (Madhya Pradesh) Vs Dcit, Ltd., 239, Okhla Industrial Central Circle-2, Estate, Nehru Place, Gurgaon Delhi -110019. Pan-Aafcm6698A Appellant Respondent

…2017- 18. IV. Jurisdiction u/s 153C cannot be assumed on the basis of third -party statement Moreover, without corroborative evidence, jurisdiction u/s 153C cannot be assumed on the basis of statement of a third party. In CIT v. Anand Kumar Jain (HUF) (2021) 432 ITR 384 (Del), besides search on the assessee HUF, premises of one Pradeep Kumar Jindal were also searched. During search, statement of Pradeep Kumar was recorded u/s 132(4), wherein, he admitted to have provided accommodation entries to the assessee. Hon’ble High Court considering the question “whether a statement under Section 132(4) constitutes incrim…

Mb Power (Madhya Pradesh) Limited, Delhi vs. DCIT, Central Circle-20, Delhi

In the result, appeal of the Revenue is dismissed

Bench: Shri Sudhir Kumar & Shri Manish Agarwal[Assessment Year : 2018-19] M.B.Power (Madhya Pradesh) Vs Dcit, Ltd., 239, Okhla Industrial Central Circle-2, Estate, Nehru Place, Gurgaon Delhi -110019. Pan-Aafcm6698A Appellant Respondent

…2017- 18. IV. Jurisdiction u/s 153C cannot be assumed on the basis of third -party statement Moreover, without corroborative evidence, jurisdiction u/s 153C cannot be assumed on the basis of statement of a third party. In CIT v. Anand Kumar Jain (HUF) (2021) 432 ITR 384 (Del), besides search on the assessee HUF, premises of one Pradeep Kumar Jindal were also searched. During search, statement of Pradeep Kumar was recorded u/s 132(4), wherein, he admitted to have provided accommodation entries to the assessee. Hon’ble High Court considering the question “whether a statement under Section 132(4) constitutes incrim…

Deputy Commissioner of Income Tax, Central Circle-20, Delhi vs. Mb Power (Madhya Pradesh) Limited, Delhi

In the result, appeal of the Revenue is dismissed

Bench: Shri Sudhir Kumar & Shri Manish Agarwal[Assessment Year : 2018-19] M.B.Power (Madhya Pradesh) Vs Dcit, Ltd., 239, Okhla Industrial Central Circle-2, Estate, Nehru Place, Gurgaon Delhi -110019. Pan-Aafcm6698A Appellant Respondent

…2017- 18. IV. Jurisdiction u/s 153C cannot be assumed on the basis of third -party statement Moreover, without corroborative evidence, jurisdiction u/s 153C cannot be assumed on the basis of statement of a third party. In CIT v. Anand Kumar Jain (HUF) (2021) 432 ITR 384 (Del), besides search on the assessee HUF, premises of one Pradeep Kumar Jindal were also searched. During search, statement of Pradeep Kumar was recorded u/s 132(4), wherein, he admitted to have provided accommodation entries to the assessee. Hon’ble High Court considering the question “whether a statement under Section 132(4) constitutes incrim…

Deputy Commissioner of Income Tax, Central Circle-20, Delhi vs. M. B. Power (Madhaya Pradesh) Ltd, Delhi

In the result, appeal of the Revenue is dismissed

Bench: Shri Sudhir Kumar & Shri Manish Agarwal[Assessment Year : 2018-19] M.B.Power (Madhya Pradesh) Vs Dcit, Ltd., 239, Okhla Industrial Central Circle-2, Estate, Nehru Place, Gurgaon Delhi -110019. Pan-Aafcm6698A Appellant Respondent

…2017- 18. IV. Jurisdiction u/s 153C cannot be assumed on the basis of third -party statement Moreover, without corroborative evidence, jurisdiction u/s 153C cannot be assumed on the basis of statement of a third party. In CIT v. Anand Kumar Jain (HUF) (2021) 432 ITR 384 (Del), besides search on the assessee HUF, premises of one Pradeep Kumar Jindal were also searched. During search, statement of Pradeep Kumar was recorded u/s 132(4), wherein, he admitted to have provided accommodation entries to the assessee. Hon’ble High Court considering the question “whether a statement under Section 132(4) constitutes incrim…

Deputy Commissioner of Income Tax, Central Circle - 20, Delhi vs. M.B. Power (Madhaya Pradesh) Ltd, Delhi

In the result, appeal of the Revenue is dismissed

Bench: Shri Sudhir Kumar & Shri Manish Agarwal[Assessment Year : 2018-19] M.B.Power (Madhya Pradesh) Vs Dcit, Ltd., 239, Okhla Industrial Central Circle-2, Estate, Nehru Place, Gurgaon Delhi -110019. Pan-Aafcm6698A Appellant Respondent

…2017- 18. IV. Jurisdiction u/s 153C cannot be assumed on the basis of third -party statement Moreover, without corroborative evidence, jurisdiction u/s 153C cannot be assumed on the basis of statement of a third party. In CIT v. Anand Kumar Jain (HUF) (2021) 432 ITR 384 (Del), besides search on the assessee HUF, premises of one Pradeep Kumar Jindal were also searched. During search, statement of Pradeep Kumar was recorded u/s 132(4), wherein, he admitted to have provided accommodation entries to the assessee. Hon’ble High Court considering the question “whether a statement under Section 132(4) constitutes incrim…

Mb Power (Madhya Pradesh) Limited, South East Delhi vs. DCIT, Central Circle-20, Delhi

In the result, appeal of the Revenue is dismissed

Bench: Shri Sudhir Kumar & Shri Manish Agarwal[Assessment Year : 2018-19] M.B.Power (Madhya Pradesh) Vs Dcit, Ltd., 239, Okhla Industrial Central Circle-2, Estate, Nehru Place, Gurgaon Delhi -110019. Pan-Aafcm6698A Appellant Respondent

…2017- 18. IV. Jurisdiction u/s 153C cannot be assumed on the basis of third -party statement Moreover, without corroborative evidence, jurisdiction u/s 153C cannot be assumed on the basis of statement of a third party. In CIT v. Anand Kumar Jain (HUF) (2021) 432 ITR 384 (Del), besides search on the assessee HUF, premises of one Pradeep Kumar Jindal were also searched. During search, statement of Pradeep Kumar was recorded u/s 132(4), wherein, he admitted to have provided accommodation entries to the assessee. Hon’ble High Court considering the question “whether a statement under Section 132(4) constitutes incrim…

Gurucharan Singh Hora, Raipur vs. DCIT, Central Circle-8, Delhi

Appeal is allowed

Bench: Sh. Satbeer Singh Godara & Sh. Manish Agarwal

…therefore, such an addition could have been made only in an assessment framed u/s 153A of the Act. 5. We find no merit in the Revenue’s foregoing vehement contentions as hon’ble jurisdictional high court landmark decision in PCIT Vs. Anand Kumar Jain (2021) 432 ITR 384 (Del.) has settled the issue even if it is the same search, such addition based on the relevant seized material found at a third party premises could be made after initiation of proceedings u/s 3 Gurucharan Singh Hora 153C of the Act. We adopt very analogy herein as well to delete the impugned addition in very terms therefore. 6. All other rema…

Dy. Commissioner of Income Tax, Noida vs. M/S Ace Mega Structure Private Limited, Noida

In the result, appeal of the assessee is allowed

Bench: Shri Anubhav Sharma & Shri Manish Agarwalsl. Ita No(S) Asst. Appeal(S) By No Year(S) Appellant Vs. Respondent Appellant Respondent 1. 4067/Del/2025 2019-20 M/S. Ace Mega Dcit/Acit Structures Pvt. Ltd., Central Circle I-B, 7Th Floor, Ace Studio, Noida Sector-126, Noida, Sector- 37, S.O. Gautam Budh Nagar-201303 Pan-Aakca8694D M/S. Ace Mega 2. 4115/Del/2025 2019-20 Dcit, Structures Pvt. Ltd. Central Circle-1, A.R.T.O Complex, Sector-33, I-B, 7Th Floor, Ace Studio, Noida-201301. Sector-126, Noida, Sector- 37, S.O. Gautam Budh Nagar-201303 Pan-Aakca8694D Appellant By Shri Rohit Kapoor, Adv. & Shri Virsain Aggarwal, Itp Respondent By Shri Mahesh Kumar, Cit Dr Date Of Hearing 17.09.2025 Date Of Pronouncement 27.11.2025

…uildcon (P.) Ltd. vs. Deputy Commissioner of Income-tax [2025] 176 taxmann.com 614 (Chandigarh - Trib.)[17-07-2025]( Refer Para 24). [Refer Page No. 529-556 of Case Law PB] ii.PCIT (CENTRAL) – 3 VERSUS ANAND KUMAR JAIN (HUF), SATISH DEV JAIN, SAJAN KUMAR JAIN,432 ITR 384 (Del). [Refer Page No. 557-558 of Case Law PB] iii.COMMISSIONER OF INCOME TAX – III VERSUS M/S. CALCUTTA KNITWEARS, LUDHIANA362 ITR 673,. [Refer Page No. 559-561 of Case Law PB] iv.OM PRAKASH TANTIA, NISHA JAIN, MANOJ TANTIA, RENU JAIN, RUCHI TANTIA VERSUS DCIT, CENTRAL CIRCLE – 25, NEW DELHI2025 (3) TMI 1473 - ITAT DELHI. [Refer Page No. 562-568…

Ace Mega Structures Private Limited, Uttar Pradesh vs. DCIT/ACIT Cen Cir, Noida

In the result, appeal of the assessee is allowed

Bench: Shri Anubhav Sharma & Shri Manish Agarwalsl. Ita No(S) Asst. Appeal(S) By No Year(S) Appellant Vs. Respondent Appellant Respondent 1. 4067/Del/2025 2019-20 M/S. Ace Mega Dcit/Acit Structures Pvt. Ltd., Central Circle I-B, 7Th Floor, Ace Studio, Noida Sector-126, Noida, Sector- 37, S.O. Gautam Budh Nagar-201303 Pan-Aakca8694D M/S. Ace Mega 2. 4115/Del/2025 2019-20 Dcit, Structures Pvt. Ltd. Central Circle-1, A.R.T.O Complex, Sector-33, I-B, 7Th Floor, Ace Studio, Noida-201301. Sector-126, Noida, Sector- 37, S.O. Gautam Budh Nagar-201303 Pan-Aakca8694D Appellant By Shri Rohit Kapoor, Adv. & Shri Virsain Aggarwal, Itp Respondent By Shri Mahesh Kumar, Cit Dr Date Of Hearing 17.09.2025 Date Of Pronouncement 27.11.2025

…uildcon (P.) Ltd. vs. Deputy Commissioner of Income-tax [2025] 176 taxmann.com 614 (Chandigarh - Trib.)[17-07-2025]( Refer Para 24). [Refer Page No. 529-556 of Case Law PB] ii.PCIT (CENTRAL) – 3 VERSUS ANAND KUMAR JAIN (HUF), SATISH DEV JAIN, SAJAN KUMAR JAIN,432 ITR 384 (Del). [Refer Page No. 557-558 of Case Law PB] iii.COMMISSIONER OF INCOME TAX – III VERSUS M/S. CALCUTTA KNITWEARS, LUDHIANA362 ITR 673,. [Refer Page No. 559-561 of Case Law PB] iv.OM PRAKASH TANTIA, NISHA JAIN, MANOJ TANTIA, RENU JAIN, RUCHI TANTIA VERSUS DCIT, CENTRAL CIRCLE – 25, NEW DELHI2025 (3) TMI 1473 - ITAT DELHI. [Refer Page No. 562-568…

Kiran Mahana, Delhi vs. DCIT, Central Circle-27, Delhi

In the result the appeal of the assessee is allowed

Bench: Sh. Sudhir Kumar & Sh. Manish Agarwalassessment Year: 2014-15 Kiran Mahana Vs. Dcit, Central Circle -27 Trough Legal Heir Ved New Delhi Parkash Mahana,229/39, New Delhi West Patel Nagar New Delhi-110008 Pan No. Aippm6862K (Appellant) (Respondent)

…not found from the possession of the assessee, but from the search third party ( i.e Shri Rahul Mahana), therefore the assessment should be made under section 153C of the Act not the u/s 153A of the Act. In the case of PCIT v, Anand Kumar Jain HUF reported in 432 ITR 384 the Hon’ble Jurisdictional High Court held as under: “3 A search was conducted u/s 132 on 18th November, 2015 at the premises of the Assessee (being Anand Kumar Jain (HUF, its coparceners and relatives) as well as at the premises of one Pradeep Kumar Jindal. During the search, statement of Pradeep Kumar Jindal was recorded on oat u/s 132(4) on t…