PARAG DALMIA,NEW DELHI vs. DCIT,CENTRAL CIRCLE-26, NEW DELHI
In the result, the appeal of the Revenue is dismissed
ITA 1871/DEL/2023[2006-07]Status: DisposedITAT Delhi30 Aug 2024AY 2006-07
Bench: Shri Pradip Kumar Kedia & Shri Sudhir Kumar
For Respondent: Shri P.N. Barnwal, CIT-DR
Section 132(4)Section 143(3)Section 153ASection 271(1)(c)
…ssessed under s. 153A qua a concluded assessment. The action of the revenue is thus contended to be unsustainable in law. 10.2 The assessee further relied upon the judgment rendered by the Hon’ble High Court in the case of Shyam Sundar Jindal vs. CIT, (2024) 461 ITR 96 (Delhi)(HC) to contend that in somewhat similar factual matrix, the Hon’ble High Court was persuaded to hold that in the absence of incriminating material, additions under Section 153A was not justified. The ld. counsel simultaneously pointed out that in Shyam Sunder Jindal (supra) case also, the assessee had refused to sign the Waiver and having…