PCIT v. Ojjus Medicare (P) Ltd.

Proform Interiors Private Limited, Gurgaon vs. DCIT CC-20, New Delhi

Bench: Shri Anubhav Sharma & Shri Manish Agarwal

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘B’: NEW DELHI BEFORE SHRI ANUBHAV SHARMA, JUDICIAL MEMBER AND SHRI MANISH AGARWAL, ACCOUNTANT MEMBER ITA Nos. 4153 & 4008/DEL/2025 (ASSESSMENT YEAR: 2012-13 & 2018-19) DCIT, Central Circle-20, Room No. 269A, 2nd Floor, ARA Centre, Jhandewalan Extn., Delhi-110055. APPELLANT Vs. Proform Interiors Pvt. Ltd., Ground Floor, JMD Regent Plaza, MG Road, Gurgaon, Haryana-122001. PAN-AAHCS5999J RESPONDENT ITA Nos. 2708 to 2717/Del/2025 (ASSESSMENT YEAR: 2013-14 to 2022-23) Proform Interiors Pvt. Ltd., Ground Floor, JMD Regent Plaza, MG Road, Gurgaon, Haryana-122001. PAN-AAH…

Proform Interiors Private Limited, Gurgaon vs. DCIT CC-20, New Delhi

Bench: Shri Anubhav Sharma & Shri Manish Agarwal

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘B’: NEW DELHI BEFORE SHRI ANUBHAV SHARMA, JUDICIAL MEMBER AND SHRI MANISH AGARWAL, ACCOUNTANT MEMBER ITA Nos. 4153 & 4008/DEL/2025 (ASSESSMENT YEAR: 2012-13 & 2018-19) DCIT, Central Circle-20, Room No. 269A, 2nd Floor, ARA Centre, Jhandewalan Extn., Delhi-110055. APPELLANT Proform Interiors Pvt. Ltd., Ground Floor, JMD Regent Plaza, MG Road, Gurgaon, Haryana-122001. PAN-AAHCS5999J Vs. RESPONDENT ITA Nos. 2708 to 2717/Del/2025 (ASSESSMENT YEAR: 2013-14 to 2022-23) Proform Interiors Pvt. Ltd., Ground Floor, JMD Regent Plaza, MG Road, Gurgaon, Haryana-122001. PAN-AAH…

Proform Interiors Private Limited, Gurgaon vs. DCIT CC-20, New Delhi

Bench: Shri Anubhav Sharma & Shri Manish Agarwal

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘B’: NEW DELHI BEFORE SHRI ANUBHAV SHARMA, JUDICIAL MEMBER AND SHRI MANISH AGARWAL, ACCOUNTANT MEMBER ITA Nos. 4153 & 4008/DEL/2025 (ASSESSMENT YEAR: 2012-13 & 2018-19) DCIT, Central Circle-20, Room No. 269A, 2nd Floor, ARA Centre, Jhandewalan Extn., Delhi-110055. Vs. Proform Interiors Pvt. Ltd., Ground Floor, JMD Regent Plaza, MG Road, Gurgaon, Haryana-122001. PAN-AAHCS5999J APPELLANT RESPONDENT ITA Nos. 2708 to 2717/Del/2025 (ASSESSMENT YEAR: 2013-14 to 2022-23) Proform Interiors Pvt. Ltd., Ground Floor, JMD Regent Plaza, MG Road, Gurgaon, Haryana-122001. PAN-AAH…

Proform Interiors Private Limited, Gurgaon vs. DCIT CC-20, New Delhi

In the result, all the appeals for Assessment Years 2013-14 to 2022-23 in ITA

Bench: Shri Anubhav Sharma & Shri Manish Agarwalita Nos. 4153 & 4008/Del/2025 (Assessment Year: 2012-13 & 2018-19) Dcit, Proform Interiors Pvt. Ltd., Central Circle-20, Ground Floor, Jmd Regent Room No. 269A, 2Nd Floor, Vs. Plaza, Mg Road, Gurgaon, Ara Centre, Jhandewalan Haryana-122001. Extn., Delhi-110055. Pan-Aahcs5999J

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘B’: NEW DELHI BEFORE SHRI ANUBHAV SHARMA, JUDICIAL MEMBER AND SHRI MANISH AGARWAL, ACCOUNTANT MEMBER ITA Nos. 4153 & 4008/DEL/2025 (ASSESSMENT YEAR: 2012-13 & 2018-19) DCIT, Proform Interiors Pvt. Ltd., Central Circle-20, Ground Floor, JMD Regent Room No. 269A, 2nd Floor, Vs. Plaza, MG Road, Gurgaon, ARA Centre, Jhandewalan Haryana-122001. Extn., Delhi-110055. PAN-AAHCS5999J APPELLANT RESPONDENT ITA Nos. 2708 to 2717/Del/2025 (ASSESSMENT YEAR: 2013-14 to 2022-23) Proform Interiors Pvt. Ltd., DCIT, Ground Floor, JMD Regent Central Circle-20, Room No. 269A, 2…

Vipul Gupta, Noida vs. DCIT, CC-2, Noida

Appeal is allowed

Bench: SHRI SATBEER SINGH GODARA (Judicial Member), SHRI NAVEEN CHANDRA (Accountant Member)

…uch addition ought to have been made only on the basis of the corresponding seized material going by PCIT Vs. Abhisar Buildwell Pvt. Ltd. (2023) 454 ITR 212 (SC), CIT-7 Vs. RRJ Securities Ltd. (2016) 380 ITR 612 (Del), PCIT Vs. Ojjus Medicare (P) Ltd., (2024) 465 ITR 101 (Del) and CIT Vs. Jasjit Singh (2024) 465 ITR 101 (SC). 5. Faced with this situation, we reject the Revenue’s vehement contentions supporting the impugned section 153C assessment which stands quashed in foregoing terms. All other remaining issues between the parties on merits stand rendered academic. 6. This assessee’s appeal is allowed. 3 | P a…

Rajesh Gandhi, New Delhi vs. Sanghpriya Singh, DCIT, Central Circle-28, New Delhi

The appeals are dismissed

Bench: Shri Challa Nagendra Prasad & Shri Brajesh Kumar Singh

….Y. 2023- 24 and accordingly, for the purposes of section 153C of the Act, the Assessing Officer will not have jurisdiction for A.Y. 2012-13. In this regard, the submission filed by the assessee is reproduced as under: “ PCIT vs Ojjus Medicare (P) Ltd [2024] 465 ITR 101 (Delhi) [DoD: 03/04/2024] The notice u/s 153C was issued on 27/05/2022 for the AY 2012-13, the FY: 01/04/2022 to 31/03/2023, the relevant the AY 2023-24, However, no copy of any satisfaction note has been given which in fact does not even exist as also not mentioned in the impugned assessment order also. The ten AYs' would have to be computed fro…

Rajesh Gandhi, New Delhi vs. Sanghpriya Singh, DCIT, Central Circle-28, New Delhi

The appeals are dismissed

Bench: Shri Challa Nagendra Prasad & Shri Brajesh Kumar Singh

….Y. 2023- 24 and accordingly, for the purposes of section 153C of the Act, the Assessing Officer will not have jurisdiction for A.Y. 2012-13. In this regard, the submission filed by the assessee is reproduced as under: “ PCIT vs Ojjus Medicare (P) Ltd [2024] 465 ITR 101 (Delhi) [DoD: 03/04/2024] The notice u/s 153C was issued on 27/05/2022 for the AY 2012-13, the FY: 01/04/2022 to 31/03/2023, the relevant the AY 2023-24, However, no copy of any satisfaction note has been given which in fact does not even exist as also not mentioned in the impugned assessment order also. The ten AYs' would have to be computed fro…

Rajesh Gandhi, New Delhi vs. Sanghpriya Singh, DCIT, Central Circle-28, New Delhi

The appeals are dismissed

Bench: Shri Challa Nagendra Prasad & Shri Brajesh Kumar Singh

…o A.Y. 2023- 24 and accordingly, for the purposes of section 153C of the Act, the Assessing Officer will not have jurisdiction for A.Y. 2012-13. In this regard, the submission filed by the assessee is reproduced as under: PCIT vs Ojjus Medicare (P) Ltd [2024] 465 ITR 101 (Delhi) [DoD: 03/04/2024] The notice u/s 153C was issued on 27/05/2022 for the AY 2012-13, the FY: 01/04/2022 to 31/03/2023, the relevant the AY 2023-24, However, no copy of any satisfaction note has been given which in fact does not even exist as also not mentioned in the impugned assessment order also. The ten AYs' would have to be computed fro…

Rajesh Gandhi, New Delhi vs. Sanghpriya Singh, DCIT Central Circle-28, New Delhi

The appeals are dismissed

Bench: Shri Challa Nagendra Prasad & Shri Brajesh Kumar Singh

….Y. 2023- 24 and accordingly, for the purposes of section 153C of the Act, the Assessing Officer will not have jurisdiction for A.Y. 2012-13. In this regard, the submission filed by the assessee is reproduced as under: “ PCIT vs Ojjus Medicare (P) Ltd [2024] 465 ITR 101 (Delhi) [DoD: 03/04/2024] The notice u/s 153C was issued on 27/05/2022 for the AY 2012-13, the FY: 01/04/2022 to 31/03/2023, the relevant the AY 2023-24, However, no copy of any satisfaction note has been given which in fact does not even exist as also not mentioned in the impugned assessment order also. The ten AYs' would have to be computed fro…

Ramesh Gandhi, New Delhi vs. Sanghpriya Singh, DCIT, Central Circle-28, New Delhi

The appeals are dismissed

Bench: Shri Challa Nagendra Prasad & Shri Brajesh Kumar Singh

….Y. 2023- 24 and accordingly, for the purposes of section 153C of the Act, the Assessing Officer will not have jurisdiction for A.Y. 2012-13. In this regard, the submission filed by the assessee is reproduced as under: “ PCIT vs Ojjus Medicare (P) Ltd [2024] 465 ITR 101 (Delhi) [DoD: 03/04/2024] The notice u/s 153C was issued on 27/05/2022 for the AY 2012-13, the FY: 01/04/2022 to 31/03/2023, the relevant the AY 2023-24, However, no copy of any satisfaction note has been given which in fact does not even exist as also not mentioned in the impugned assessment order also. The ten AYs' would have to be computed fro…

K. G. Finvest Private Limited, East Delhi vs. Central Circle 29, Delhi, New Delhi

In the result, the appeal of the assessee is partly allowed

Bench: Shri Mahavir Singh & Shri Manish Agarwal[Assessment Year : 2015-16] K.G. Finvest Pvt. Ltd. Vs Central Circle-29, F-24 F/Floor, I.Sc Pankaj Delhi Central Market, Mandawali Fazalpur, Nr Natraj Vihar Society, I.P. Extn., New Delhi- 110092. Pan-Aaack4032H Appellant Respondent Appellant By Shri Sudesh Garg, Adv. & Shri Prince Bansal, Ca Respondent By Shri Jitender Singh, Cit Dr Date Of Hearing 26.11.2025 Date Of Pronouncement 29 .01.2026 Order Per Manish Agarwal, Am : The Present Appeal Is Filed By Assessee Against The Order Dated 17.06.2025 Passed By Ld. Commissioner Of Income Tax (A)-30, New Delhi [“Ld. Cit(A)”] In Appeal No. Cit(A), Delhi-5/10256/2017-18 U/S 250 Of The Income Tax Act, 1961 [“The Act”] Arising Out Of Assessment Order Dated 29.12.2017 Passed U/S 143(3) Of The Act Pertaining To Assessment Year 2015-16. 2. Brief Facts Of The Case Are That Assessee Company Has Filed Its Return Of Income On 28.09.2015, Declaring Total Income Of Inr 5,09,130/-. The Case Was Selected Under Limited Scrutiny & Notice U/S 143(2) Followed By Statutory Notices Issued U/S 142(1) Were Issued From Time To Time. In Response, Assessee Filed Submissions & Relevant Details Alongwith Evidences. The Ao Observed That The Assessee Issued 8,40,000 Equity Shares Of Inr 10/- Each At A Premium Of Inr 490/- Each & The Valuation Of Shares Was Done By Following Dcf Method. However, The Ao Rejected The Method Of Valuation Of Share Adopted By The Assessee & Re-Computed The Value Per Share At Inr 50.35 Per Share As Per Nav Method & Made Addition Of Differential Amount Of Inr 37,77,06,000/- U/S 56(2)(Viib) Of The Act.

…parties and perused the material available on record. In the instant case, Ld. CIT(A) has dealt this issue in detailed and by respectfully following the judgement of Hon’ble jurisdictional High Court in the case of Ojjus Medicare Pvt. Ltd. (2024) reported in 465 ITR 101 (Delhi) wherein it is held that the date of search in the case of third person should be taken the date when the satisfaction note has been recorded by the AO of such third person. In the instant case satisfaction was recorded by the AO of the assessee on 12.12.2018 for initiating the proceedings u/s 153C of the Act and the assessment u/s 143(3)…

Sri Sat Sahib Housing and Infrastructure Development Company, Gurgaon vs. DCIT/ACIT CC-31, New Delhi, Delhi

In the result, both the captioned appeals of the Revenue in ITA Nos

Bench: Shri Challa Nagendra Prasad & Shri Brajesh Kumar Singh

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH, H: NEW DELHI BEFORE SHRI CHALLA NAGENDRA PRASAD, JUDICIAL MEMBER AND SHRI BRAJESH KUMAR SINGH, ACCOUNTANT MEMBER ITA No.- 3113/Del/2025 [Assessment Year: 2008-09] Sri Sat Sahib Housing and DCIT/ACIT, Infrastructure Development CC-31, Jhandewalan Extension, company, Vs New Delhi-110055. KFF 101, Palam Triangle Market, Palam Vihar, Gurugram, Haryana- 122017. PAN- ABIFS1543 Assessee Revenue ITA No.- 3114/Del/2025 [Assessment Year: 2009-10] Sri Sat Sahib Housing and DCIT/ACIT, Infrastructure Development CC-31, Jhandewalan Extension, company, Vs New Delhi-110055. KFF…

Sri Sat Sahib Housing and Infrastructure Development Company, Gurgaon vs. DCIT/ACIT CC-31, New Delhi, Delhi

In the result, both the captioned appeals of the Revenue in ITA Nos

Bench: Shri Challa Nagendra Prasad & Shri Brajesh Kumar Singh

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH, H: NEW DELHI BEFORE SHRI CHALLA NAGENDRA PRASAD, JUDICIAL MEMBER AND SHRI BRAJESH KUMAR SINGH, ACCOUNTANT MEMBER ITA No.- 3113/Del/2025 [Assessment Year: 2008-09] Sri Sat Sahib Housing and DCIT/ACIT, Infrastructure Development CC-31, Jhandewalan Extension, company, Vs New Delhi-110055. KFF 101, Palam Triangle Market, Palam Vihar, Gurugram, Haryana- 122017. PAN- ABIFS1543 Assessee Revenue ITA No.- 3114/Del/2025 [Assessment Year: 2009-10] Sri Sat Sahib Housing and DCIT/ACIT, Infrastructure Development CC-31, Jhandewalan Extension, company, Vs New Delhi-110055. KFF…

Sri Sat Sahib Housing and Infrastructure Development Company, Gurgaon vs. DCIT/ ACIT CC-31 New Delhi, New Delhi

In the result, both the captioned appeals of the Revenue in ITA Nos

Bench: Shri Challa Nagendra Prasad & Shri Brajesh Kumar Singh

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH, H: NEW DELHI BEFORE SHRI CHALLA NAGENDRA PRASAD, JUDICIAL MEMBER AND SHRI BRAJESH KUMAR SINGH, ACCOUNTANT MEMBER ITA No.- 3113/Del/2025 [Assessment Year: 2008-09] Sri Sat Sahib Housing and DCIT/ACIT, Infrastructure Development CC-31, Jhandewalan Extension, company, Vs New Delhi-110055. KFF 101, Palam Triangle Market, Palam Vihar, Gurugram, Haryana- 122017. PAN- ABIFS1543 Assessee Revenue ITA No.- 3114/Del/2025 [Assessment Year: 2009-10] Sri Sat Sahib Housing and DCIT/ACIT, Infrastructure Development CC-31, Jhandewalan Extension, company, Vs New Delhi-110055. KFF…

Deputy Commissioner of Income Tax, Central Circle 25, New Delhi, Delhi vs. Shri Balaji Metal Tech Pvt Ltd, Haryana

In the result, the appeal of the revenue is allowed for statistical purpose

Bench: Shri C.N. Prasad & Shri Brajesh Kumar Singhassessment Year 2013-14 Commissioner Of Income Vs. Shri Balaji Metal Tech Pvt. Ltd. Tax,Centralcircle-25, New Haryana 20/21B, 2Nd Floor, Fruit Garden Delhi Nit Faridabad, Haryana Faridabad Pan No. Aaqcs0136E Appellant Respondent Appellant Sh. Mahesh Kumar, Cit Dr Respondent Sh. Madhur Aggarwal, Advocate

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH, ‘G’: NEW DELHI BEFORE SHRI C.N. PRASAD, JUDICIAL MEMBER AND SHRI BRAJESH KUMAR SINGH, ACCOUNTANT MEMBER Assessment Year 2013-14 Commissioner of Income Vs. Shri Balaji Metal Tech Pvt. Ltd. Tax,CentralCircle-25, New Haryana 20/21B, 2nd Floor, Fruit Garden Delhi NIT Faridabad, Haryana Faridabad PAN No. AAQCS0136E Appellant Respondent Appellant Sh. Mahesh Kumar, CIT DR Respondent Sh. Madhur Aggarwal, Advocate Date of Hearing 19.12.2025 Date of Pronouncement 28.01.2026 ORDER PER C.N. PRASAD, JM, This appeal is filed by the Revenue against the order of the Ld.Commissi…

ACIT Cir-19(1), New Delhi vs. Shipra Bansal, New Delhi

In the result, appeal of the revenue is dismissed

Bench: SHRI ANUBHAV SHARMA, JUDICAL MEMBER, SHRI MANISH AGARWAL (Accountant Member)

…egal issues including the issue of initiating the proceedings u/s 153C of the Act for the impugned assessment year. Ld. CIT(A) by placing reliance on the judgement of jurisdictional high court in the case of PCIT Vs Ojjus Medicare Pvt. Ltd. reported in (2024) 161 Taxmann.com 160 (Delhi) has allowed the appeal of the assessee and annulled the order passed u/s 153C of the Act. 4. Aggrieved by the order of ld. CIT(A), revenue preferred present appeal before the Tribunal on the strength of following grounds of appeals: 1. “Whether on the facts and circumstances of the case and in law, Ld. CIT(A) was justified in hol…

Deputy Commissioner of Income Tax, Delhi vs. Meena Mehra, Delhi

The appeal of the revenue is dismissed

Bench: Shri Anubhav Sharma & Shri Manish Agarwaldeputy Commissioner Of Vs. Meena Mehra, Income Tax, B-109, Swasthya Vihar, New Delhi-110055 Nirman Vihar S.O., East Delhi-110092 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Ccgpm 0643 B Appellant .. Respondent

…P a g e | 1 Meena Mehra (AY: 2021-22) IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, DELHI BEFORE SHRI ANUBHAV SHARMA, JUDICIAL MEMBER & SHRI MANISH AGARWAL, ACCOUNTANT MEMBER Deputy Commissioner of Vs. Meena Mehra, Income Tax, B-109, Swasthya Vihar, New Delhi-110055 Nirman Vihar S.O., East Delhi-110092 "थायीलेखासं./जीआइआरसं./PAN/GIR No: CCGPM 0643 B Appellant .. Respondent Appellant by : Sh. Ajay Wadhwa, Adv, Ms. Ragini Handa, Adv, Sh. Deepanshu Kaushik, Adv & Sh. Vaibhav Gupta, Adv Respondent by : Ms. Indu Bala Saini, Sr. DR Date of Hearing 20.01.2026 Date of Pronouncement 23.01.2026 O R D E R PER ANUBH…

Ashwani Jain, Delhi vs. DCIT, Central Circle-30, Delhi

Bench: Shri Satbeer Singh Godara & Shri Amitabh Shukla

…r on 11.05.2022 which followed the latter’s satisfaction in the very financial year. That being the case and going by section 153C(1) 1st proviso read in light of CIT-7 Vs. RRJ Securities Ltd. (2016) 380 ITR 612 (Del), PCIT Vs. Ojjus Medicare (P) Ltd., (2024) 465 ITR 101 (Del) and CIT Vs. Jasjit Singh (2024) 465 ITR 101 (SC), we notice that once the foregoing date of recording satisfaction is treated as a date of search in such an instance, the learned Assessing Officer could only have framed section 153C assessment herein than a regular one under section 143(3) of the Act. 5. Faced with this situation, we reject…