“search assessment”

Gurvinder Singh Duggal, New Delhi vs. ACIT Central Circle-06, New Delhi

In the result, the appeals of the assessee are allowed

Bench: Shri M. Balaganesh & Shri Vimal Kumar

Joint Commissioner of Income Tax u/s 153D of the Act in the instant case is mechanical in nature, which makes the entire search assessments framed as void ab initio. For the sake of convenience, the additional grounds raised by the assessee are reproduced below:- “a) On the facts and Circumstances ... vehemently argued from the above that the aforesaid rectification order passed by the ld AO itself goes to prove that the original search assessment order framed by the ld AO after getting the prior approval of ld JCIT u/s 153D of the Act becomes void ab initio in view

Gurvinder Singh Duggal, New Delhi vs. ACIT Central Circle-06, New Delhi

In the result, the appeals of the assessee are allowed

Bench: Shri M. Balaganesh & Shri Vimal Kumar

Joint Commissioner of Income Tax u/s 153D of the Act in the instant case is mechanical in nature, which makes the entire search assessments framed as void ab initio. For the sake of convenience, the additional grounds raised by the assessee are reproduced below:- “a) On the facts and Circumstances ... vehemently argued from the above that the aforesaid rectification order passed by the ld AO itself goes to prove that the original search assessment order framed by the ld AO after getting the prior approval of ld JCIT u/s 153D of the Act becomes void ab initio in view

Gurvinder Singh Duggal, New Delhi vs. ACIT Central Circle-06, New Delhi

In the result, the appeals of the assessee are allowed

Bench: Shri M. Balaganesh & Shri Vimal Kumar

Joint Commissioner of Income Tax u/s 153D of the Act in the instant case is mechanical in nature, which makes the entire search assessments framed as void ab initio. For the sake of convenience, the additional grounds raised by the assessee are reproduced below:- “a) On the facts and Circumstances ... vehemently argued from the above that the aforesaid rectification order passed by the ld AO itself goes to prove that the original search assessment order framed by the ld AO after getting the prior approval of ld JCIT u/s 153D of the Act becomes void ab initio in view

Gurvinder Singh Duggal, New Delhi vs. ACIT Central Circle-06, New Delhi

In the result, the appeals of the assessee are allowed

Bench: Shri M. Balaganesh & Shri Vimal Kumar

Joint Commissioner of Income Tax u/s 153D of the Act in the instant case is mechanical in nature, which makes the entire search assessments framed as void ab initio. For the sake of convenience, the additional grounds raised by the assessee are reproduced below:- “a) On the facts and Circumstances ... vehemently argued from the above that the aforesaid rectification order passed by the ld AO itself goes to prove that the original search assessment order framed by the ld AO after getting the prior approval of ld JCIT u/s 153D of the Act becomes void ab initio in view

DCIT, New Delhi vs. M/S. Esha Securities Pvt. Ltd., New Delhi

Bench: Shri Saktijit Dey & Shri Naveen Chandra

block of six AYs’ would consequently be those which immediately precede the AY relevant to the year of search. In the case of a search assessment undertaken in terms of Section 153C, the solitary distinction would be that the previous year of search would stand substituted by the date

M/S Esha Securities Ltd., New Delhi vs. ACIT, New Delhi

Bench: Shri Saktijit Dey & Shri Naveen Chandra

block of six AYs’ would consequently be those which immediately precede the AY relevant to the year of search. In the case of a search assessment undertaken in terms of Section 153C, the solitary distinction would be that the previous year of search would stand substituted by the date

Aashiyana Buildmart Pvt. Ltd., Noida vs. DCIT, Central Circle, Noida

In the result, the appeal of the assessee is allowed

Bench: Shri Saktijit Dey & Shri M. Balaganeshaashiyana Buildmart Pvt. Ltd, Vs. Dcit, B-20, 21-22, G. B. Nagar, Central Circle, Sector-16, Noida Noida (Appellant) (Respondent) Pan:Aagca1134L Assessee By : Shri Sandeep Jain, Ca Revenue By: Ms. Subhra Jyoti Chakraborty, Cit Dr Date Of Hearing 27/03/2024 Date Of Pronouncement 27/05/2024

made in the sum of Rs. 50 lakhs could not be sustainable in the eyes of law for the year under consideration in the search assessment completed u/s 153A of the Act. Accordingly, the additional ground No. 1 raised by the assessee is allowed. 6. Since, the relief is granted

DCIT, CC-05, New Delhi vs. Karina Airlines International Limited, New Delhi

In the result appeal of the revenue is dismissed

Bench: Shri C. N. Prasad & Shri M. Balaganeshdcit, Vs. Karina Airlines International Ltd, Central Circle-05, No. 11, Gali No. 5, Block A, West New Delhi Karawal Nagar, New Delhi (Appellant) (Respondent) Pan:Aadck1912D

wherein it was held that it is mandatory to record satisfaction before issue of notice u/s 153C of the Act and quashed the search assessment proceedings u/s 153C of the Act after giving categorical finding that satisfaction note u/s 153C of the Act was not recorded

Deputy Commissioner of Income Tax, CC-28, New Delhi vs. Era Infra Engineering Ltd., Noida, U.P

In the result, the appeal of the Revenue is dismissed and the Cross objection of the assessee is allowed

Bench: Shri C. N. Prasad & Shri Avdhesh Kumar Mishra

return of income. Later, the assessee was searched under section 132 of the Act on 14.10.2020. Various incriminating material were seized. Consequentially, the search assessment was completed at income of Rs.585,30,65,499/- under section 153A of the Act as against the assessed loss ... Later on, the search assessment completed under section 153A of the Act was revised/rectified under section 154 of the Act determining the Page 2 of 6 C.O. no. 28/Del/2024 income at Rs.649,84,06,413/-. In first appeal, the assessee got part relief. The reliefs granted