What is Pepsico India Holdings (P.) Ltd. v. Asstt. CIT authority for?

Possession of photocopies of documents by a searched person does not automatically imply that the original documents belong to them, which is a crucial distinction for assuming jurisdiction under Section 153C for assessment of a person other than the searched person.

Which sections of the Income Tax Act does Pepsico India Holdings (P.) Ltd. v. Asstt. CIT come up under?

It is most often cited in judgments turning on Section 132, Section 147, Section 148, Section 149, Section 151, Section 153A.

Pepsico India Holdings (P.) Ltd. v. Asstt. CIT (50 Taxmann.com 299)

Q: How many judgments cite Pepsico India Holdings (P.) Ltd. v. Asstt. CIT?

95 judgments on BharatTax cite Pepsico India Holdings (P.) Ltd. v. Asstt. CIT (50 Taxmann.com 299), spanning 2016 to 2025.

ACIT, New Delhi vs. M/S. C S Leasing Pvt. Ltd., New Delhi

In the result, all the appeals filed by the ld AO are dismissed and the cross objections of the assessee are also dismissed

ITA 2894/DEL/2015[2005-06]Status: DisposedITAT Delhi25 Nov 2021AY 2005-06

Bench: Shri Kuldip Singh & Shri Prashant Maharishi(Through Video Conferencing) Acit, Vs. Cs Leasing Pvt. Ltd, Central Circle-07, Room No. R/O. A-1, Cc Colony, Opp. 330, Ara Centre, Jhandewalan Rana Pratap Bagh, New Extension, New Delhi Delhi Pan: Aaefc9884A (Appellant) (Respondent)

Section 153CSection 234B

…he documents or money, bullion, asset belonging to the appellant which has been found and seized during the course of search. Therefore, he relied on the decision of Pepsico Food Pvt. Ltd Vs. ACIT 52 Taxmann.com 220 and Pepsico Holding India Pvt. Ltd Vs. ACIT 270 CTR 467 (Del) held that the jurisdiction has been assumed by the ld AO only on the ground that the appellant is closely related/ associated to the impugned assessee who has been searched and not because of any seized documents or assets belonged to the assessee. He held that presence of seized documents or asset belonging to the appellant is an essential…

ACIT, New Delhi vs. M/S. Karat 87 Hotels Pvt. Ltd., New Delhi

In the result, all the appeals filed by the ld AO are dismissed and the cross objections of the assessee are also dismissed

ITA 2885/DEL/2015[2008-09]Status: DisposedITAT Delhi25 Nov 2021AY 2008-09

Bench: Shri Kuldip Singh & Shri Prashant Maharishi(Through Video Conferencing) Acit, Vs. Cs Leasing Pvt. Ltd, Central Circle-07, Room No. R/O. A-1, Cc Colony, Opp. 330, Ara Centre, Jhandewalan Rana Pratap Bagh, New Extension, New Delhi Delhi Pan: Aaefc9884A (Appellant) (Respondent)

Section 153CSection 234B

…he documents or money, bullion, asset belonging to the appellant which has been found and seized during the course of search. Therefore, he relied on the decision of Pepsico Food Pvt. Ltd Vs. ACIT 52 Taxmann.com 220 and Pepsico Holding India Pvt. Ltd Vs. ACIT 270 CTR 467 (Del) held that the jurisdiction has been assumed by the ld AO only on the ground that the appellant is closely related/ associated to the impugned assessee who has been searched and not because of any seized documents or assets belonged to the assessee. He held that presence of seized documents or asset belonging to the appellant is an essential…

ACIT, New Delhi vs. M/S. Sbp 87 Hotels Pvt. Ltd., New Delhi

In the result, all the appeals filed by the ld AO are dismissed and the cross objections of the assessee are also dismissed

ITA 2882/DEL/2015[2008-09]Status: DisposedITAT Delhi25 Nov 2021AY 2008-09

Bench: Shri Kuldip Singh & Shri Prashant Maharishi(Through Video Conferencing) Acit, Vs. Cs Leasing Pvt. Ltd, Central Circle-07, Room No. R/O. A-1, Cc Colony, Opp. 330, Ara Centre, Jhandewalan Rana Pratap Bagh, New Extension, New Delhi Delhi Pan: Aaefc9884A (Appellant) (Respondent)

Section 153CSection 234B

…he documents or money, bullion, asset belonging to the appellant which has been found and seized during the course of search. Therefore, he relied on the decision of Pepsico Food Pvt. Ltd Vs. ACIT 52 Taxmann.com 220 and Pepsico Holding India Pvt. Ltd Vs. ACIT 270 CTR 467 (Del) held that the jurisdiction has been assumed by the ld AO only on the ground that the appellant is closely related/ associated to the impugned assessee who has been searched and not because of any seized documents or assets belonged to the assessee. He held that presence of seized documents or asset belonging to the appellant is an essential…

ACIT, New Delhi vs. M/S. Karat 87 Inn Pvt. Ltd., Delhi

In the result, all the appeals filed by the ld AO are dismissed and the cross objections of the assessee are also dismissed

ITA 2880/DEL/2015[2009-10]Status: DisposedITAT Delhi25 Nov 2021AY 2009-10

Bench: Shri Kuldip Singh & Shri Prashant Maharishi(Through Video Conferencing) Acit, Vs. Cs Leasing Pvt. Ltd, Central Circle-07, Room No. R/O. A-1, Cc Colony, Opp. 330, Ara Centre, Jhandewalan Rana Pratap Bagh, New Extension, New Delhi Delhi Pan: Aaefc9884A (Appellant) (Respondent)

Section 153CSection 234B

…he documents or money, bullion, asset belonging to the appellant which has been found and seized during the course of search. Therefore, he relied on the decision of Pepsico Food Pvt. Ltd Vs. ACIT 52 Taxmann.com 220 and Pepsico Holding India Pvt. Ltd Vs. ACIT 270 CTR 467 (Del) held that the jurisdiction has been assumed by the ld AO only on the ground that the appellant is closely related/ associated to the impugned assessee who has been searched and not because of any seized documents or assets belonged to the assessee. He held that presence of seized documents or asset belonging to the appellant is an essential…

Sh. Gurbachan Singh Brar, Moga vs. ITO, Ward - 1, Moga

ITA 207/ASR/2017[2010-11]Status: DisposedITAT Amritsar16 Aug 2021AY 2010-11

Bench: : Shri Laliet Kumar & Dr. Mitha Lal Meena

Section 132Section 143(2)Section 153ASection 153CSection 263(1)

…assessee. ii) The alleged document is a photocopy only and as per various judicial decision, photocopy unless it is duly signed in original has no value in the eyes of law. Reliance is placed on Pepsi Co India Holdings Private Limited vs. ACIT of Income Tax 270 CTR 467 (Delhi) and also of Hon’ble Punjab and Haryana High Court in the case of CIT vs Sidhu Rice and General Mills reported in 281 ITR page 428. iii) Further, the alleged document does not contain the signatures of any of the assessees referred above. Hence, no action against the assessee can be taken on such document, which do not pertain to them. iv…

Sh. Santokh Singh Brar, Moga vs. ITO, Ward - 2, Moga

ITA 206/ASR/2017[2010-11]Status: DisposedITAT Amritsar16 Aug 2021AY 2010-11

Bench: : Shri Laliet Kumar & Dr. Mitha Lal Meena

Section 132Section 143(2)Section 153ASection 153CSection 263(1)

…assessee. ii) The alleged document is a photocopy only and as per various judicial decision, photocopy unless it is duly signed in original has no value in the eyes of law. Reliance is placed on Pepsi Co India Holdings Private Limited vs. ACIT of Income Tax 270 CTR 467 (Delhi) and also of Hon’ble Punjab and Haryana High Court in the case of CIT vs Sidhu Rice and General Mills reported in 281 ITR page 428. iii) Further, the alleged document does not contain the signatures of any of the assessees referred above. Hence, no action against the assessee can be taken on such document, which do not pertain to them. iv…

DCIT, New Delhi vs. Newbury Oil Company Ltd., New Delhi

In the result, both the appeals of the Revenue and cross- objections of the assessee are dismissed

ITA 5398/DEL/2015[2011-12]Status: DisposedITAT Delhi20 Jul 2021AY 2011-12

Bench: Shri N.K. Billaiya & Shri K.Narasimha Chary

Section 132Section 144CSection 144C(15)Section 153CSection 271(1)(c)

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: ‘C’ NEW DELHI BEFORE SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER & SHRI K.NARASIMHA CHARY, JUDICIAL MEMBER ITA Nos. 5398 & 5399/Del/2015 (Assessment Year: 2011-12 & 2012-13) DCIT, Central Circle-19 Vs. Newbury Oil Company Ltd., New Delhi C/o Mr. Aseem Chawla, Advocate E-200, Greater Kailash-I New Delhi PAN: AADCN3458P Appellant Respondent C.O. Nos. 475 & 476/Del/2015 (in ITA Nos. 5398 & 5399/Del/2015) (Assessment Year: 2011-12 & 2012-13) DCIT, Central Circle-19 Vs. Newbury Oil Company Ltd., New Delhi C/o Mr. Aseem Chawla, Advocate E-200, Greater Kailash-I New…

ACIT, New Delhi vs. M/S. N.S. Software, New Delhi

In the result, ITA.No.504/Del

ITA 3161/DEL/2016[2010-11]Status: DisposedITAT Delhi05 Feb 2020AY 2010-11

Bench: Shri Bhavnesh Saini & Shri R.K. Panda

For Appellant: Shri Sudesh Garg, AdvocateFor Respondent: Shri Sanjay Goel, CIT-D.R

Section 132Section 143(1)Section 143(3)Section 153CSection 80I

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES “A” : DELHI BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI R.K. PANDA, ACCOUNTANT MEMBER ITA.No.3161/Del./2016 Assessment Year 2010-2011 M/s. N.S. Software, The ACIT, 12, Ring Road, Lajpat Central Circle-7, Room Nagar-IV, New Delhi vs. No.330, ARA Centre, PIN 110024 Jhandewalan Extesnion, PAN AAEFN9135B New Delhi. (Appellant) (Respondent) For Revenue : Shri Sanjay Goel, CIT-D.R. Shri S.L. Anuragi, Sr. D.R. For Assessee : Shri Sudesh Garg, Advocate Date of Hearing : 04.02.2020 Date of Pronouncement : 05.02.2020 ORDER PER BHAVNESH SAINI, J.M. This appeal by R…