Tax v. Gopi Apartments

360 ITR 411Reported decision2014#847 most cited

What is Tax v. Gopi Apartments authority for?

Where the Assessing Officer (AO) seizes documents during a search under Section 132, and these documents pertain to a person other than the one searched, the AO must record a satisfaction note. This satisfaction is a prerequisite for initiating proceedings against the other person under Section 153C.

123

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2015 to 2026.

Also referred to as

CIT v. Gopi Apartments · Section 153C · Section 132 · search and seizure · satisfaction note · seized documents · person other than searched person · assessment · income tax act

Sections most often in play

Section 153CSection 153ASection 143(3)Section 147Section 148Section 151Section 149Section 132

Issues it is cited on

section 153atosection 153b(1)(a)abatement of assessmentsection 132(4a)(i)section 6(3)(ii)section 292c(1)(i)section 153c proceedingssection 113section 153b(1)section 158bdsection 292c(1)section 6(3)

Judgments citing Tax v. Gopi Apartments

Sujata Pramod Dalvi, Thane vs. DCIT CC, Thane

ITA 3384/MUM/2023[2015-16]Status: DisposedITAT Mumbai22 Oct 2024AY 2015-16

Bench: Shri B.R. Baskaran & Shri Anikesh Banerjee

For Appellant: Mr. Mani Jain & Prateek JainFor Respondent: Smt.Madhu Malt
Section 131Section 133(6)Section 143(3)Section 153DSection 250Section 44ASection 69Section 69ASection 69C

…ich such satisfaction is recorded would be the date on which the AO assumes possession of the seized assets/documents in his capacity as an AO of the person other than the one searched. 19. The Allahabad High Court in the case of CIT v. Gopi Apartments [2014] 365 ITR 411/46 taxmann.com 280 has expressed a similar view in the following words: "25. A bare perusal of the provision contained in Section 153C of the I.T. Act leaves no doubt that, as is provided under Section 158BD, where the Assessing Officer, while proceeding under Section 153A against a person who has been subjected to search and seizure under Sectio…

Sujata Pramod Dalvi, Thane vs. DCIT CC, Thane

ITA 3382/MUM/2023[2013-14]Status: DisposedITAT Mumbai22 Oct 2024AY 2013-14

Bench: Shri B.R. Baskaran & Shri Anikesh Banerjee

For Appellant: Mr. Mani Jain & Prateek JainFor Respondent: Smt.Madhu Malt
Section 131Section 133(6)Section 143(3)Section 153DSection 250Section 44ASection 69Section 69ASection 69C

…ich such satisfaction is recorded would be the date on which the AO assumes possession of the seized assets/documents in his capacity as an AO of the person other than the one searched. 19. The Allahabad High Court in the case of CIT v. Gopi Apartments [2014] 365 ITR 411/46 taxmann.com 280 has expressed a similar view in the following words: "25. A bare perusal of the provision contained in Section 153C of the I.T. Act leaves no doubt that, as is provided under Section 158BD, where the Assessing Officer, while proceeding under Section 153A against a person who has been subjected to search and seizure under Sectio…

Sujata Pramod Dalvi, Thane vs. DCIT CC, Thane

In the result assessee’sground no

ITA 3381/MUM/2023[2012-13]Status: DisposedITAT Mumbai22 Oct 2024AY 2012-13

Bench: Shri B.R. Baskaran & Shri Anikesh Banerjee

For Appellant: Mr. Mani Jain & Prateek JainFor Respondent: Smt.Madhu Malti Ghosh (CIT
Section 131Section 133(6)Section 143(3)Section 153DSection 250Section 44ASection 69Section 69ASection 69C

…ch such satisfaction is recorded would be the date on which the AO assumes possession of the seized assets/documents in his capacity as an AO of the person other than the one searched. 19. The Allahabad High Court in the case of CIT v. Gopi Apartments [2014] 365 ITR 411/46 taxmann.com 280 has expressed a similar view in the following words: — "25. A bare perusal of the provision contained in Section 153C of the I.T. Act leaves no doubt that, as is provided under Section 158BD, where the Assessing Officer, while proceeding under Section 153A against a person who has been subjected to search and seizure under Sect…

Sujata Pramod Dalvi, Thane vs. DCIT CC, Thane

ITA 3380/MUM/2023[2011-12]Status: DisposedITAT Mumbai22 Oct 2024AY 2011-12

Bench: Shri B.R. Baskaran & Shri Anikesh Banerjee

For Appellant: Mr. Mani Jain & Prateek JainFor Respondent: Smt.Madhu Malti Ghosh (CIT DR)&
Section 131Section 133(6)Section 143(3)Section 153DSection 250Section 44ASection 69Section 69ASection 69C

…ich such satisfaction is recorded would be the date on which the AO assumes possession of the seized assets/documents in his capacity as an AO of the person other than the one searched. 19. The Allahabad High Court in the case of CIT v. Gopi Apartments [2014] 365 ITR 411/46 taxmann.com 280 has expressed a similar view in the following words: "25. A bare perusal of the provision contained in Section 153C of the I.T. Act leaves no doubt that, as is provided under Section 158BD, where the Assessing Officer, while proceeding under Section 153A against a person who has been subjected to search and seizure under Sectio…

Ags Developers Pvt Ltd, Jasola Delhi vs. Income Tax Officer Ward 1 (4), New Delhi

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

ITA 2185/DEL/2024[2008-2009]Status: DisposedITAT Delhi18 Oct 2024AY 2008-2009

Bench: Shri Kul Bharat[Assessment Year : 2008-09] Ags Developers Pvt.Ltd., Vs Ito, H.No.47, Pocket Ii, Ward -1(4), Near Appollo Hospital, Jasola, New Delhi. New Delhi-110076. Pan-Aafca1795G Appellant Respondent Appellant By Shri Sandeep Goel, Adv. Respondent By Shri Siddharth B.S. Meena, Sr.Dr Date Of Hearing 04.09.2024 Date Of Pronouncement 18.10.2024

Section 143(1)Section 147Section 148Section 250Section 68

…ch such satisfaction is recorded would be the date on which the AO assumes possession of the seized assets/documents in his capacity as an AO of the person other than the one searched." 19. The Allahabad High Court in the case of CIT v. Gopi Apartments [2014] 365 ITR 411/46 taxmann.com 280 has also expressed a similar view in the following words:- "25. A bare perusal of the provision contained in Section 153C of the IT. Act leaves no doubt that, as is provided under Section 158BD, where the Assessing Officer, while proceeding under Section 153A against a person who has been subjected to search and seizure under S…

Deputy Commissioner of Income Tax, Central Circle 1(2), Chennai vs. Bondalapati Shivaji Rao, Chennai

In the result, appeal filed by the assessee stands allowed and appeal filed by the Revenue is dismissed

ITA 1103/CHNY/2023[2019-20]Status: DisposedITAT Chennai18 Sept 2024AY 2019-20

Bench: Shri Aby T. Varkey & Shri Amitabh Shuklaआयकर अपील सं./Ita No.1044/Chny/2023 िनधा"रण वष"/Assessment Year: 2019-20 V. Shri Bondalapati Shivaji Rao, The Dcit, 121, Shankar Nagar, M.G. Road, Central Circle-1(2), Pammal, Chennai-600 075. Chennai. [Pan: Aahpb 0083 D] (अपीलाथ"/Appellant) (""यथ"/Respondent) आयकर अपील सं./Ita No.1103/Chny/2023 िनधा"रण वष"/Assessment Year: 2019-20 V. The Dcit, Shri Bondalapati Shivaji Rao, Central Circle-1(2), 121, Shankar Nagar, Chennai. M.G. Road, Pammal, Chennai-600 075. [Pan: Aahpb 0083 D] (अपीलाथ"/Appellant) (""थ"/Respondent)

For Appellant: Shri B. Ramakrishnan, FCAFor Respondent: Shri V. Nandakumar, CIT
Section 127Section 132Section 143(2)Section 143(3)Section 153C

…2021) (Mad HC) − SSP Aviation Ltd. v. DCIT (346 ITR 177) (Del HC) − Pepsi Foods Pvt. Ltd. v. ACIT (367 ITR 112) (Del HC) − CIT v. RRJ Securities Ltd. (380 ITR 612) (Del HC) − PCIT v. R.L. Allied Industries (ITA No.370/2015) (Del HC) − CIT v. Gopi Apartments (365 ITR 411) (All.HC) ITA No.1103/Chny/2023 (AY 2019-20) Bondalapati Shivaji Rao :: 5 :: 5. Per contra, the Ld. CIT, DR appearing for the Revenue countered the assessee’s contention by relying on the amendment made in Sec.153C(1) by Finance Act, 2017 w.e.f. 01.04.2017, which was applicable in the present case, as the date of search was 29.01.2019. Accordin…

Bondalapati Shivaji Rao, Chennai vs. Assistant Commissioner of Income Tax, Central Circle - 1(2), Chennai

In the result, appeal filed by the assessee stands allowed and

ITA 1044/CHNY/2023[AY 2019-20]Status: DisposedITAT Chennai18 Sept 2024

Bench: Shri Aby T. Varkey & Shri Amitabh Shuklaआयकर अपील सं./Ita No.1044/Chny/2023 निर्धारण वर्ष/Assessment Year: 2019-20 Shri Bondalapati Shivaji Rao, 121, Shankar Nagar, M.G. Road, Pammal, Chennai-600 075. [Pan: Aahpb 0083 D] (अपीलार्थी/Appellant) The Dcit, Central Circle-1(2), Chennai. (अपीलार्थी/Appellant) V. The Dcit, Central Circle-1(2), Chennai. (प्रत्यर्थी/Respondent) आयकर अपील सं./Ita No.1103/Chny/2023 निर्धारण वर्ष/Assessment Year: 2019-20 V. Shri Bondalapati Shivaji Rao, 121, Shankar Nagar, M.G. Road, Pammal, Chennai-600 075. [Pan: Aahpb 0083 D] (प्रत्यर्थी/Respondent) Assessee By : Shri B. Ramakrishnan, Fca Shri S. Dwarakesh, Ca Shri Shrenik Chordia, Ca Department By : Shri V. Nandakumar, Cit सुनवाईकीतारीख/Date Of Hearing : 08.08.2024 घोषणाकीतारीख /Date Of Pronouncement : 18.09.2024 आदेश / Order Per Aby T. Varkey, Jm: These Appeals Preferred By The Assessee & The Revenue Are Against The Order Of The Learned Commissioner Of Income Tax (Appeals)- 18, Chennai (Hereinafter In Short `The Ld.Cit(A)') Dated 26.07.2023 Passed For Assessment Year (Hereinafter In Short `Ay') 2019-20.

For Appellant: Shri B. Ramakrishnan, FCAFor Respondent: Shri V. Nandakumar, CIT
Section 127Section 132Section 143(2)Section 143(3)Section 153C

…No.4327 of 2021) (Mad HC) SSP Aviation Ltd. v. DCIT (346 ITR 177) (Del HC) Pepsi Foods Pvt. Ltd. v. ACIT (367 ITR 112) (Del HC) CIT v. RRJ Securities Ltd. (380 ITR 612) (Del HC) PCIT v. R.L. Allied Industries (ITA No.370/2015) (Del HC) CIT v. Gopi Apartments (365 ITR 411) (All.HC) ITA No.1044/Chny/2023 (AY 2019-20) ITA No.1103/Chny/2023 (AY 2019-20) Bondalapati Shivaji Rao :: 5 :: 5. Per contra, the Ld. CIT, DR appearing for the Revenue countered the assessee's contention by relying on the amendment made in Sec.153C(1) by Finance Act, 2017 w.e.f. 01.04.2017, which was applicable in the present case, as the date o…

The Pr. Commissioner of Income Tax -Central-1 vs. Ojjus Medicare Pvt. Ltd

ITA/52/2024HC Delhi03 Apr 2024

Bench: HON'BLE MR. JUSTICE YASHWANT VARMA,HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV

…" Digitally Signed By:KAMLESH KUMAR Signing Date:03.04.2024 19:31:23 Signature Not Verified ITA 52/2024 & connected matters Page 137 of 179 xxxx xxxx xxxx 19. The Allahabad High Court in the case of CIT v. Gopi Apartment (2014) 365 ITR 411 (All) has expressed a similar view in the following words (page 419): "A bare perusal of the provision contained in section 153C of the Income-tax Act leaves no doubt that, as is provided under section 158BD, where the Assessing Officer, while proceeding under section 153A against a person who has been subjected to search and seizure under…

DCIT, Central Circle-14, Delhi vs. Sandhya Sharma, Delhi

In the result, the appeal of the Revenue is dismissed

ITA 1796/DEL/2023[2013-14]Status: DisposedITAT Delhi23 Jan 2024AY 2013-14

Bench: Sh. Challa Nagendra Prasaddr. B. R. R. Kumar

For Respondent: Ms. Sapna Bhatia, CIT-DR
Section 132Section 132ASection 139Section 147Section 148Section 149Section 151Section 153Section 153ASection 153C

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘G’, NEW DELHI Before Sh. Challa Nagendra Prasad, Judicial Member Dr. B. R. R. Kumar, Accountant Member ITA No. 1796/Del/2023 : Asstt. Year: 2013-14 The DCIT, Central Circle- Vs Smt. Sandhya Sharma, 14, New Delhi 1168, Kucha Mahajani, Chandni Chowk, Delhi 110006 Assessees by : Sh. Lalit Mohan, CA Revenue by : Ms. Sapna Bhatia, CIT-DR Date of Hearing: 22.01.2024 Date of Pronouncement: 22.01.2024 ORDER Per Dr. B. R. R. Kumar:- The present appeal by the Revenue has been filed against the order of ld. CIT(A)-28, New Delhi dated 18.04.2023. 2. Following grounds have be…

DCIT Central Circle-08, New Delhi vs. Uk Paints (Overseas) Ltd, New Delhi

In the result, the Cross Objections of the assessee are allowed and consequently the appeals of the revenue are liable to be dismissed

ITA 1045/DEL/2020[2012-13]Status: DisposedITAT Delhi19 Jan 2024AY 2012-13

Bench: Dr. B. R. R. Kumarsh. Yogesh Kumar Us

For Appellant: Sh. Pradeep Dinodia, CA &For Respondent: Ms. Sapna Bhatia, CIT-DR
Section 153CSection 6(3)Section 6(3)(ii)

…recorded would be the date on which the AO assumes possession of the seized assets/documents in his capacity as an AO of the person other than the one searched. 19. The Allahabad High Court in the case of Commissioner of income Tax v. Gopi Apartments: (2014) 360 ITR 411 has expressed a similar view in the following words:- "25. A bare perusal of the provision contained in Section 153C of the I.T. Act leaves no doubt that, as is provided under Section 158BD, where the Assessing Officer, while proceeding under Section 153A against a person who has been subjected to search and seizure under Section 132(1) or has b…

DCIT, Central Circle-8, New Delhi vs. Uk Paints (Overseas) Ltd, New Delhi

In the result, the Cross Objections of the assessee are allowed and consequently the appeals of the revenue are liable to be dismissed

ITA 1044/DEL/2020[2007-08]Status: DisposedITAT Delhi19 Jan 2024AY 2007-08

Bench: Dr. B. R. R. Kumarsh. Yogesh Kumar Us

For Appellant: Sh. Pradeep Dinodia, CA &For Respondent: Ms. Sapna Bhatia, CIT-DR
Section 153CSection 6(3)Section 6(3)(ii)

…recorded would be the date on which the AO assumes possession of the seized assets/documents in his capacity as an AO of the person other than the one searched. 19. The Allahabad High Court in the case of Commissioner of income Tax v. Gopi Apartments: (2014) 360 ITR 411 has expressed a similar view in the following words:- "25. A bare perusal of the provision contained in Section 153C of the I.T. Act leaves no doubt that, as is provided under Section 158BD, where the Assessing Officer, while proceeding under Section 153A against a person who has been subjected to search and seizure under Section 132(1) or has b…

DCIT, Central Circle-8, New Delhi vs. Uk Paints (Overseas) Ltd, New Delhi

In the result, the Cross Objections of the assessee are allowed and consequently the appeals of the revenue are liable to be dismissed

ITA 1043/DEL/2020[2006-07]Status: DisposedITAT Delhi19 Jan 2024AY 2006-07

Bench: Dr. B. R. R. Kumarsh. Yogesh Kumar Us

For Appellant: Sh. Pradeep Dinodia, CA &For Respondent: Ms. Sapna Bhatia, CIT-DR
Section 153CSection 6(3)Section 6(3)(ii)

…recorded would be the date on which the AO assumes possession of the seized assets/documents in his capacity as an AO of the person other than the one searched. 19. The Allahabad High Court in the case of Commissioner of income Tax v. Gopi Apartments: (2014) 360 ITR 411 has expressed a similar view in the following words:- "25. A bare perusal of the provision contained in Section 153C of the I.T. Act leaves no doubt that, as is provided under Section 158BD, where the Assessing Officer, while proceeding under Section 153A against a person who has been subjected to search and seizure under Section 132(1) or has b…

DCIT, New Delhi vs. Bennett Williamson Engineers Ltd., New Delhi

In the result, the Cross Objection of the assessee is allowed and consequently the appeal of the revenue is liable to be dismissed

ITA 4057/DEL/2015[2012-13]Status: DisposedITAT Delhi02 Jan 2024AY 2012-13

Bench: Sh. Saktijit Deydr. B. R. R. Kumar

For Respondent: Sh.Vizay B. Vasanta, CIT-DR &
Section 139Section 144Section 147Section 148Section 149Section 151Section 153Section 153ASection 153CSection 153C(1)

…. 392/Del/2015 Bennett Williamson Engineers Ltd. . possession of the seized assets/documents in his capacity as an AO of the person other than the one searched. 19. The Allahabad High Court in the case of Commissioner of income Tax v. Gopi Apartments: (2014) 360 ITR 411 has expressed a similar view in the following words:- "25. A bare perusal of the provision contained in Section 153C of the I.T. Act leaves no doubt that, as is provided under Section 158BD, where the Assessing Officer, while proceeding under Section 153A against a person who has been subjected to search and seizure under Section 132(1) or has b…

DCIT, New Delhi vs. Gynia Holding Ltd., New Delhi

In the result, the Cross Objections of the assessee are allowed and consequently the appeals of the revenue are liable to be dismissed

ITA 3913/DEL/2015[2007-08]Status: DisposedITAT Delhi29 Dec 2023AY 2007-08

Bench: Sh. Saktijit Deydr. B. R. R. Kumar

For Respondent: Sh.Vizay B. Vasanta, CIT-DR &
Section 139Section 147Section 148Section 149Section 151Section 153Section 153ASection 153CSection 153C(1)Section 6(3)(ii)

…recorded would be the date on which the AO assumes possession of the seized assets/documents in his capacity as an AO of the person other than the one searched. 19. The Allahabad High Court in the case of Commissioner of income Tax v. Gopi Apartments: (2014) 360 ITR 411 has expressed a similar view in the following words:- "25. A bare perusal of the provision contained in Section 153C of the I.T. Act leaves no doubt that, as is provided under Section 158BD, where the Assessing Officer, while proceeding under Section 153A against a person who has been subjected to search and seizure under Section 132(1) or has b…

DCIT, New Delhi vs. Gynia Holding Ltd., New Delhi

In the result, the Cross Objections of the assessee are allowed and consequently the appeals of the revenue are liable to be dismissed

ITA 3912/DEL/2015[2006-07]Status: DisposedITAT Delhi29 Dec 2023AY 2006-07

Bench: Sh. Saktijit Deydr. B. R. R. Kumar

For Respondent: Sh.Vizay B. Vasanta, CIT-DR &
Section 139Section 147Section 148Section 149Section 151Section 153Section 153ASection 153CSection 153C(1)Section 6(3)(ii)

…recorded would be the date on which the AO assumes possession of the seized assets/documents in his capacity as an AO of the person other than the one searched. 19. The Allahabad High Court in the case of Commissioner of income Tax v. Gopi Apartments: (2014) 360 ITR 411 has expressed a similar view in the following words:- "25. A bare perusal of the provision contained in Section 153C of the I.T. Act leaves no doubt that, as is provided under Section 158BD, where the Assessing Officer, while proceeding under Section 153A against a person who has been subjected to search and seizure under Section 132(1) or has b…

DCIT, New Delhi vs. M/S Wickwood Development Ltd., New Delhi

In the result, the Cross Objections of the assessee are allowed and consequently the appeals of the revenue are liable to be dismissed

ITA 3355/DEL/2015[2007-08]Status: DisposedITAT Delhi29 Dec 2023AY 2007-08

Bench: Sh. Saktijit Deydr. B. R. R. Kumar

For Respondent: Sh.Vizay B. Vasanta, CIT-DR &
Section 124Section 124(4)Section 143(2)Section 144CSection 153CSection 6(3)(ii)Section 9(1)

…recorded would be the date on which the AO assumes possession of the seized assets/documents in his capacity as an AO of the person other than the one searched. 19. The Allahabad High Court in the case of Commissioner of income Tax v. Gopi Apartments: (2014) 360 ITR 411 has expressed a similar view in the following words:- "25. A bare perusal of the provision contained in Section 153C of the I.T. Act leaves no doubt that, as is provided under Section 158BD, where the Assessing Officer, while proceeding under Section 153A against a person who has been subjected to search and seizure under Section 132(1) or has b…

DCIT, New Delhi vs. M/S Wickwood Development Ltd., New Delhi

In the result, the Cross Objections of the assessee are allowed and consequently the appeals of the revenue are liable to be dismissed

ITA 3354/DEL/2015[2006-07]Status: DisposedITAT Delhi29 Dec 2023AY 2006-07

Bench: Sh. Saktijit Deydr. B. R. R. Kumar

For Respondent: Sh.Vizay B. Vasanta, CIT-DR &
Section 124Section 124(4)Section 143(2)Section 144CSection 153CSection 6(3)(ii)Section 9(1)

…recorded would be the date on which the AO assumes possession of the seized assets/documents in his capacity as an AO of the person other than the one searched. 19. The Allahabad High Court in the case of Commissioner of income Tax v. Gopi Apartments: (2014) 360 ITR 411 has expressed a similar view in the following words:- "25. A bare perusal of the provision contained in Section 153C of the I.T. Act leaves no doubt that, as is provided under Section 158BD, where the Assessing Officer, while proceeding under Section 153A against a person who has been subjected to search and seizure under Section 132(1) or has b…

DCIT, New Delhi vs. Rolland Enterprises Ltd., New Delhi

In the result, the Cross Objections of the assessee are allowed and consequently the appeals of the revenue are liable to be dismissed

ITA 3353/DEL/2015[2012-13]Status: DisposedITAT Delhi29 Dec 2023AY 2012-13

Bench: Sh. Saktijit Deydr. B. R. R. Kumarita No.3348/Del/2015 : Asstt. Year: 2007-08 Ita No.3353/Del/2015 : Asstt. Year: 2012-13 Dcit, Vs Rolland Enterprises Ltd., Central Circle-19, C/O Mr. Sandeep Chilana, Adv. New Delhi C-56, Lfg, Jangpura Extension, New Delhi – 110 014. Co No.352/Del/2015 (In Ita No.3348/Del/2015 : Asstt. Year: 2007-08) Co No.357/Del/2015 (In Ita No.3353/Del/2015 : Asstt. Year: 2012-13) Rolland Enterprises Ltd., Vs Dcit, C/O Mr. Sandeep Chilana, Adv. Central Circle-19, C-56, Lfg, Jangpura Extension, New Delhi. New Delhi – 110 014. Pan : Aaccr7403D Assessees By : Sh. Amit Goel, Ca, Pranav Yadav, Adv., Nippun Mittal, Ca & Ms Anjali Jain, Adv. Revenue By : Sh.Vizay B. Vasanta, Cit-Dr & Sanjay Kumar, Sr. Dr Date Of Hearing: 26.10.2023 Date Of Pronouncement: 29.12.2023 Order Per Bench: The Present Appeals By The Revenue & The Cross Objections By The Assessee Have Been Filed Against The Orders Of Ld. Cit(A)-Xxvii, New Delhi.

For Respondent: Sh.Vizay B. Vasanta, CIT-DR &
Section 124Section 124(4)Section 143(2)Section 144CSection 153CSection 6(3)(ii)Section 9(1)

…recorded would be the date on which the AO assumes possession of the seized assets/documents in his capacity as an AO of the person other than the one searched. 19. The Allahabad High Court in the case of Commissioner of income Tax v. Gopi Apartments: (2014) 360 ITR 411 has expressed a similar view in the following words:- "25. A bare perusal of the provision contained in Section 153C of the I.T. Act leaves no doubt that, as is provided under Section 158BD, where the Assessing Officer, while proceeding under Section 153A against a person who has been subjected to search and seizure under Section 132(1) or has b…

DCIT, New Delhi vs. Rolland Enterprises Ltd., New Delhi

In the result, the Cross Objections of the assessee are allowed and consequently the appeals of the revenue are liable to be dismissed

ITA 3348/DEL/2015[2007-08]Status: DisposedITAT Delhi29 Dec 2023AY 2007-08

Bench: Sh. Saktijit Deydr. B. R. R. Kumarita No.3348/Del/2015 : Asstt. Year: 2007-08 Ita No.3353/Del/2015 : Asstt. Year: 2012-13 Dcit, Vs Rolland Enterprises Ltd., Central Circle-19, C/O Mr. Sandeep Chilana, Adv. New Delhi C-56, Lfg, Jangpura Extension, New Delhi – 110 014. Co No.352/Del/2015 (In Ita No.3348/Del/2015 : Asstt. Year: 2007-08) Co No.357/Del/2015 (In Ita No.3353/Del/2015 : Asstt. Year: 2012-13) Rolland Enterprises Ltd., Vs Dcit, C/O Mr. Sandeep Chilana, Adv. Central Circle-19, C-56, Lfg, Jangpura Extension, New Delhi. New Delhi – 110 014. Pan : Aaccr7403D Assessees By : Sh. Amit Goel, Ca, Pranav Yadav, Adv., Nippun Mittal, Ca & Ms Anjali Jain, Adv. Revenue By : Sh.Vizay B. Vasanta, Cit-Dr & Sanjay Kumar, Sr. Dr Date Of Hearing: 26.10.2023 Date Of Pronouncement: 29.12.2023 Order Per Bench: The Present Appeals By The Revenue & The Cross Objections By The Assessee Have Been Filed Against The Orders Of Ld. Cit(A)-Xxvii, New Delhi.

For Respondent: Sh.Vizay B. Vasanta, CIT-DR &
Section 124Section 124(4)Section 143(2)Section 144CSection 153CSection 6(3)(ii)Section 9(1)

…recorded would be the date on which the AO assumes possession of the seized assets/documents in his capacity as an AO of the person other than the one searched. 19. The Allahabad High Court in the case of Commissioner of income Tax v. Gopi Apartments: (2014) 360 ITR 411 has expressed a similar view in the following words:- "25. A bare perusal of the provision contained in Section 153C of the I.T. Act leaves no doubt that, as is provided under Section 158BD, where the Assessing Officer, while proceeding under Section 153A against a person who has been subjected to search and seizure under Section 132(1) or has b…

DCIT, New Delhi vs. Iservices Investments Ltd., New Delhi

In the result, the Cross Objections of the assessee are allowed and consequently the appeals of the revenue are liable to be dismissed

ITA 5397/DEL/2015[2012-13]Status: DisposedITAT Delhi28 Dec 2023AY 2012-13

Bench: Sh. Saktijit Deydr. B. R. R. Kumar

For Respondent: Sh.Vizay B. Vasanta, CIT-DR &
Section 153CSection 6(3)(ii)Section 9(1)

…recorded would be the date on which the AO assumes possession of the seized assets/documents in his capacity as an AO of the person other than the one searched. 19. The Allahabad High Court in the case of Commissioner of income Tax v. Gopi Apartments: (2014) 360 ITR 411 has expressed a similar view in the following words:- "25. A bare perusal of the provision contained in Section 153C of the I.T. Act leaves no doubt that, as is provided under Section 158BD, where the Assessing Officer, while proceeding under Section 153A against a person who has been subjected to search and seizure under Section 132(1) or has b…