“draft assessment order”

INDU GUPTA,DELHI vs. ACIT-CC1-6, DELHI

In the result, the appeal relating to assessment year 2015-16 filed by the assessee is allowed in the aforesaid manner

Bench: Shris.Rifaur Rahman & Shri Sudhir Kumar & Indu Gupta, Vs. Acit, Central Circle-16, 1576, Nai Basti, Jhandewalan Extn., S.P. Mukherjee Marg, New Delhi – 55 Delhi – 110009 (Pan : Abspg2526N) (Appellant) (Respondent) Assessee By : Shri Mohit Gupta, Ca & Shri Mirza Muhiuddin Baig, Ca Revenue By : Ms. Pooja Swaroop, Cit(Dr) Date Of Hearing : 26.02.2026 Date Of Order : 20.03.2026 Order Per S.Rifaur Rahman, Am: 1. These Appeals Are Filed By The Assessee Against The Respective Orders Of Ld. Pr. Commissioner Of Income-Tax Appeals-26, New Delhi [Hereinafter Referred To As ‘Ld. Cit (A)] For Assessment Years 2015-16 & 2017-18 Respectively. Since The Issues Involved In These Appeals Are Inter-Connected, Hence, The Appeals Were Heard Together & Disposed Of By This Common Order For The Sake Of Convenience, By Dealing With The Facts Of Assessment Year 2015-16, Being The Lead Case. 2. During The Hearing, Ld. Ar Has Submitted That A Search & Seizure Action Was Conducted In The Case Of Rakesh Jain Group On 2.11.2017 Wherein M/S

mind. 16. In the present case, the ITAT, while specifically noting that the approval was granted on the same day when the draft assessment orders were sent, has observed as under:- "10. We have gone through the approval granted by the ld. Addl. CIT on 30.12.2018 u/s 153D ... that a letter dated 30.12.2018 was filed by the ld. AO before the ld. Addl. CIT seeking approval of draft assessment order u/s 153D of the Act. The ld. Addl. CIT has accorded approval for the said draft assessment orders on the very same day i.e., on 30.12.2018 for seven

MRS INDU GUPTA,DELHI vs. ACIT-CC-16, DELHI

In the result, the appeal relating to assessment year 2015-16 filed by the assessee is allowed in the aforesaid manner

Bench: Shris.Rifaur Rahman & Shri Sudhir Kumar & Indu Gupta, Vs. Acit, Central Circle-16, 1576, Nai Basti, Jhandewalan Extn., S.P. Mukherjee Marg, New Delhi – 55 Delhi – 110009 (Pan : Abspg2526N) (Appellant) (Respondent) Assessee By : Shri Mohit Gupta, Ca & Shri Mirza Muhiuddin Baig, Ca Revenue By : Ms. Pooja Swaroop, Cit(Dr) Date Of Hearing : 26.02.2026 Date Of Order : 20.03.2026 Order Per S.Rifaur Rahman, Am: 1. These Appeals Are Filed By The Assessee Against The Respective Orders Of Ld. Pr. Commissioner Of Income-Tax Appeals-26, New Delhi [Hereinafter Referred To As ‘Ld. Cit (A)] For Assessment Years 2015-16 & 2017-18 Respectively. Since The Issues Involved In These Appeals Are Inter-Connected, Hence, The Appeals Were Heard Together & Disposed Of By This Common Order For The Sake Of Convenience, By Dealing With The Facts Of Assessment Year 2015-16, Being The Lead Case. 2. During The Hearing, Ld. Ar Has Submitted That A Search & Seizure Action Was Conducted In The Case Of Rakesh Jain Group On 2.11.2017 Wherein M/S

mind. 16. In the present case, the ITAT, while specifically noting that the approval was granted on the same day when the draft assessment orders were sent, has observed as under:- "10. We have gone through the approval granted by the ld. Addl. CIT on 30.12.2018 u/s 153D ... that a letter dated 30.12.2018 was filed by the ld. AO before the ld. Addl. CIT seeking approval of draft assessment order u/s 153D of the Act. The ld. Addl. CIT has accorded approval for the said draft assessment orders on the very same day i.e., on 30.12.2018 for seven

SWIFT IMPEX PRIVATE LIMITED, NEW DELHI,NEW DELHI vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-27, NEW DELHI, NEW DELHI

In the result, all the six appeals of the assessee are allowed

Bench: Shris.Rifaur Rahman & Shri Sudhir Kumar

seized material pertaining to each assessment year with reference to the addition proposed by the AO for which approval is sought and the draft assessment order and after considering all the material should accord the approval. From the perusal of the approval letter as reproduced above, it is seen that ... contemplated u/s 153D of the Act requires the approving authority i.e. Joint Commissioner to verify the issues raised by the AO in draft assessment order and apply his mind to ascertain as to whether the required procedure has been followed by the AO or not in framing the assessment

SWIFT IMPEX PRIVATE LIMITED, NEW DELHI,NEW DELHI vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-27, NEW DELHI, NEW DELHI

certified to the undersigned that all information available in\nAIR/CIB/from other Law Enforcement Agencies have been properly scrutinized by you before finalizing\nthe draft assessment order.\n\n4.\nPlease ensure that penalty, is levied under proper section of the Income Tax Act, 1961.\n\nMANISH GUPTA\nCENTRAL RANGE 7,DELHI

SWIFT IMPEX PRIVATE LIMITED, NEW DELHI,NEW DELHI vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-27, NEW DELHI, NEW DELHI

In the result, all the six appeals of the assessee are allowed

Bench: Shris.Rifaur Rahman & Shri Sudhir Kumar

seized material pertaining to each assessment year with reference to the addition proposed by the AO for which approval is sought and the draft assessment order and after considering all the material should accord the approval. From the perusal of the approval letter as reproduced above, it is seen that ... contemplated u/s 153D of the Act requires the approving authority i.e. Joint Commissioner to verify the issues raised by the AO in draft assessment order and apply his mind to ascertain as to whether the required procedure has been followed by the AO or not in framing the assessment

SWIFT IMPEX PRIVATE LIMITED, NEW DELHI,NEW DELHI vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-27, NEW DELHI, NEW DELHI

In the result, all the six appeals of the assessee are allowed

certified to the undersigned that all information available in\nAIR/CIB/from other Law Enforcement Agencies have been properly scrutinized by you before finalizing\nthe draft assessment order.\n4.\nPlease ensure that penalty is levied under proper section of the Income Tax Act, 1961.\nMANISH GUPTA\nCENTRAL RANGE 7,DELHI\n[Page ... seized material pertaining to\neach assessment year with reference to the addition proposed by the AO for\nwhich approval is sought and the draft assessment order and after considering\nall the material should accord the approval. From the perusal of the approval\nletter as reproduced above, it is seen that

SWIFT IMPEX PRIVATE LIMITED, NEW DELHI,NEW DELHI vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-27, NEW DELHI, NEW DELHI

In the result, all the six appeals of the assessee are allowed

certified to the undersigned that all information available in\nAIR/CIB/from other Law Enforcement Agencies have been properly scrutinized by you before finalizing\nthe draft assessment order.\n\n4. Please ensure that penalty, is levied under proper section of the Income Tax Act, 1961.\n\nMANISH GUPTA\nCENTRAL RANGE 7,DELHI ... seized material pertaining to\neach assessment year with reference to the addition proposed by the AO for\nwhich approval is sought and the draft assessment order and after considering\nall the material should accord the approval. From the perusal of the approval\nletter as reproduced above, it is seen that

SWIFT IMPEX PRIVATE LIMITED, NEW DELHI,NEW DELHI vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-27, NEW DELHI, NEW DELHI

In the result, all the six appeals of the assessee are allowed

Bench: Shris.Rifaur Rahman & Shri Sudhir Kumar

seized material pertaining to each assessment year with reference to the addition proposed by the AO for which approval is sought and the draft assessment order and after considering all the material should accord the approval. From the perusal of the approval letter as reproduced above, it is seen that ... contemplated u/s 153D of the Act requires the approving authority i.e. Joint Commissioner to verify the issues raised by the AO in draft assessment order and apply his mind to ascertain as to whether the required procedure has been followed by the AO or not in framing the assessment

GAURAV VERMA,DELHI vs. DCIT, CENTRAL CIRCLE-8, DELHI

Bench: Sh. S. Rifaur Rahman & Sh. Sudhir Kumar

case of the assessee. The said order also fail to make any mention of the fact that the draft assessment orders were perused at all, much less perusal of the same with an independent application of mind. Also, we cannot lose sight of the fact that in the instant case

GAURAV VERMA,DELHI vs. DCIT, CENTRAL CIRCLE-8, DELHI

Bench: Sh. S. Rifaur Rahman & Sh. Sudhir Kumar

case of the assessee. The said order also fail to make any mention of the fact that the draft assessment orders were perused at all, much less perusal of the same with an independent application of mind. Also, we cannot lose sight of the fact that in the instant case

GAURAV VERMA,DELHI vs. DCIT, CENTRAL CIRCLE-8 DELHI, DELHI

Bench: Sh. S. Rifaur Rahman & Sh. Sudhir Kumar

case of the assessee. The said order also fail to make any mention of the fact that the draft assessment orders were perused at all, much less perusal of the same with an independent application of mind. Also, we cannot lose sight of the fact that in the instant case

GLOBAL STAINLESS,DELHI vs. ACIT,CIRCLE-34(1), DELHI

In the result, the captioned appeals of the assessee are dismissed

Bench: Ms. Madhumita Roy & Shri Naveen Chandraassessment Year : 2018-19 Global Stainless, Vs. Acit, 17, Meera Tower, Ground Floor, Circle-34(1), Wazirpur Industrial Area, Delhi. New Delhi – 110 052. Pan: Aajfg7209G (Appellant) (Respondent) Assessee By : Shri Amol Sinha, Advocate & Shri Ankit Kumar, Advocate Revenue By : Shri Manish Gupta, Sr.Dr Date Of Hearing : 13.01.2026 Date Of Pronouncement : 20.03.2026 Order Per Madhumita Roy:

Principles of Natural Justice without taking on record the submissions of the assessee, 3 (v) The show cause notice dt. 24.03.2021 alongwith draft assessment order of even date required the assessee to make compliance by 27.03.2021 as to why the assessment should not be completed as per the draft assessment ... gross violation of Principles of Natural Justice without taking on record the submissions of the assessee. The show cause notice dt. 24.03.2021 alongwith draft assessment order of even date required the assessee to make compliance by 27.03.2021 as to 'why the assessment should not be completed as per the draft

MALL HOTEL LIMITED,DELHI vs. DCIT , DELHI

In the result, the appeal of the assessee is allowed

Bench: Shri Raj Kumar Chauhan, Hon’Ble & Smt. Renu Jauhri, Hon’Ble

proceedings for A.Y. 2018-19 and the disallowance was proposed to 4 ITA_5061_5062_5063_Mall Hotel Ltd Delhi be made vide draft assessment order dated 12.04.2021. However, the contention of the assessee was accepted while passing the regular assessment order u/s 143(3) dated 17.04.2021, copies of which ... pointed out that the same issue came up for consideration in subsequent A.Y. 2018-19 whereby although the addition was proposed in draft assessment order finally after considering assessee’s explanation no addition has been made in the final assessment year order. Copies of which have been placed on record

MALL HOTEL LIMITED,DELHI vs. DCIT , DELHI

In the result, the appeal of the assessee is allowed

Bench: Shri Raj Kumar Chauhan, Hon’Ble & Smt. Renu Jauhri, Hon’Ble

proceedings for A.Y. 2018-19 and the disallowance was proposed to 4 ITA_5061_5062_5063_Mall Hotel Ltd Delhi be made vide draft assessment order dated 12.04.2021. However, the contention of the assessee was accepted while passing the regular assessment order u/s 143(3) dated 17.04.2021, copies of which ... pointed out that the same issue came up for consideration in subsequent A.Y. 2018-19 whereby although the addition was proposed in draft assessment order finally after considering assessee’s explanation no addition has been made in the final assessment year order. Copies of which have been placed on record

MALL HOTEL LIMITED,DELHI vs. DCIT , DELHI

In the result, the appeal of the assessee is allowed

Bench: Shri Raj Kumar Chauhan, Hon’Ble & Smt. Renu Jauhri, Hon’Ble

proceedings for A.Y. 2018-19 and the disallowance was proposed to 4 ITA_5061_5062_5063_Mall Hotel Ltd Delhi be made vide draft assessment order dated 12.04.2021. However, the contention of the assessee was accepted while passing the regular assessment order u/s 143(3) dated 17.04.2021, copies of which ... pointed out that the same issue came up for consideration in subsequent A.Y. 2018-19 whereby although the addition was proposed in draft assessment order finally after considering assessee’s explanation no addition has been made in the final assessment year order. Copies of which have been placed on record

DCIT CENTRAL CIRCLE -28, NEW DELHI, NEW DELHI vs. MANOJ KUMAR SINGH, NEW DELHI

In the result, appeal filed by the assessee is allowed in above terms and the appeal of the Revenue is dismissed

Bench: Shri S. Rifaur Rahman & Shri Vimal Kumar

perused the records. The preliminary and legal issue argued before us was questioning the approval given by the Ld. JCIT to the Draft Assessment Order, and as per the contentions of Ld. AR the approval was given u/s 153D of the Act without application of mind. As for convenience ... grounds raised in the appeal of assessee is reproduced as under: “Re: Approval given by the Ld. JCIT to the Draft Assessment Order was without application of mind. 1. Because Ld. CIT(A) has erred in law and on the facts in confirming the Assessment Order without appreciating that

MANOJ KUMAR SINGH,DELHI vs. DCIT(A) CENTRAL CIRCLE-28, DELHI

In the result, appeal filed by the assessee is allowed in above terms and the appeal of the Revenue is dismissed

Bench: Shri S. Rifaur Rahman & Shri Vimal Kumar

perused the records. The preliminary and legal issue argued before us was questioning the approval given by the Ld. JCIT to the Draft Assessment Order, and as per the contentions of Ld. AR the approval was given u/s 153D of the Act without application of mind. As for convenience ... grounds raised in the appeal of assessee is reproduced as under: “Re: Approval given by the Ld. JCIT to the Draft Assessment Order was without application of mind. 1. Because Ld. CIT(A) has erred in law and on the facts in confirming the Assessment Order without appreciating that

ACIT, NEW DELHI vs. CORPORATE INTERNATIONAL FINANCIAL SERVICES LIMITED, DELHI

In the result, Cross Objection No

Bench: Yogesh Kumar U.S. & Shri Manish Agarwalassistant Commissioner Of Income Vs Corporate International Tax, Central Cordcle-04, Room No. Financial Services Limited 333, 3Rd Floor, Ara Centre, Sector B Pkt-1, Vasant Jhandewalan Extension , New Delhi Kunj, South Delhi, Delhi Pan: Aaack0329B Appellant Respondent C.O No. 270/Del/2025 In Ita No. 4806/Del/2025 Corporate International Financial Vs Assistant Commissioner Of Services Limited Income Tax, Central Sector B Pkt-1, Vasant Kunj, South Cordcle-04, Room No. 333, Delhi, Delhi 3Rd Floor, Ara Centre, Pan: Aaack0329B Jhandewalan Extension , New Delhi Appellant Respondent Assessee By Sh. Somil Aggarwal, Adv & Sh. Deepesh Garg, Adv Revenue By Sh. Dayainder Singh Sidhu, Cit Dr Date Of Hearing 16/03/2026 Date Of Pronouncement 18/03/2026 Order Per Yogesh Kumar, U.S. Jm: The Captioned Appeal Is Filed By The Revenue & The Cross Objection Is Filed By The Assessee Against The Order Of The Commissioner Of Income Tax Appeal, (Ld. Cit(A) For Short) Delhi-23 Dated 24/04/2025 Pertaining To Assessment Year 2013-14. 2. The Ld. Counsel For The Assessee Addressing On The Ground No. 3 Of Cross Objection, Contended That The Assessment Order Has Been Passed Based On The Invalid Approval Accorded Under Section 153D Of 2Ita No. 4806/D/2025 & C.O. No. 270/D/2025 Acit Vs. Corporate International

20/05/2024 at 21:34:51 requires the approving authority, i.e. Joint Commissioner to verify the issues raised by the Assessing Officer in the draft assessment order and apply his mind to ascertain as to whether the required procedure has been followed by the Assessing Officer or not in framing ... 4806/D/2025 & C.O. No. 270/D/2025 ACIT Vs. Corporate International respect to "each assessment year" is to be obtained by the Assessing Officer on the draft assessment order before passing the assessment order under Section 153A." [Emphasis supplied] 12. It is observed that the Court in the case of Sapna Gupta (supra

AMAZON SMART COMMERCE SOLUTIONS PRIVATE LIMITED,DELHI vs. PRINCIPAL COMMISSIONER OF INCOME TAX, DELHI-1, DELHI

In the result, grounds raised by the assessee are dismissed

{ "clean_text": "ITA No. 3533/Del/2025\n\nIN THE INCOME TAX APPELLATE TRIBUNAL\nDELHI BENCH ‘E’: NEW DELHI\nBEFORE SHRI S

HOME CREDIT INTERNATIONAL A.S.,CZECH REPUBLIC vs. ASSISTANTDEPUTY COMMISSIONER OF INCOME TAX INTERNATIONAL TAXATION, GURGAON HARYANA

In the result, the appeal of the assessee is allowed

Bench: Shri Vikas Awasthy, Hon’Ble & Smt. Renu Jauhri, Hon’Ble

Home Credit India Finance Private Limited [for short, HCIFPL] to the taxable income. 5.2 Aggrieved, the assessee filed its objections against the draft assessment order dated 23.12.2022 before the Ld. Dispute Resolution Panel [for short, DRP]. Vide order dated 18.09.2023, Ld. DRP reiterated its decisions on the lines ... done precious little to implement the directions of learned DRP in letter and spirit, other than repeating his observations made in the draft assessment order. Though, learned DRP had specifically directed the Assessing Officer to demonstrate, how the IT infrastructure is maintained; how it is beneficial to AEs in terms