2024 (5) TMI 797

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....y the Commissioner of Income Tax (Appeals)-29, New Delhi under section 153C r.w.s 144 of the Income Tax Act, 1961 (hereinafter referred as to 'the Act') arising out of the orders dated 26.12.2018 passed by the Asst. Commissioner of Income Tax, Central Circle - 26, New Delhi for the Assessment Years 2012-13, 2013-14 & 2014-15 respectively. 2. Since all the appeals relate to the same assessee and the facts of the case are identical, the same are heard analogously and are being disposed of by a common order for the sake of convenience. 3. At the time of hearing of the instant case, the assessee before us, raised objection against the order passed by Learned AO on the jurisdictional issue to this effect that the order impugned was passed ....

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....to the other and so on. It was further found by the Revenue that the Bank accounts of those companies were also managed and controlled by those Jain brothers. 7. As the assessee was found to be one of those paper companies of Jain brothers, on the basis of the entries in the coded name of the assessee found in the seized documents being Annexure No.13, Tally Data (Hard Disk) ledger name AJ and AJ1, satisfaction note was recorded by the Learned AO of the searched person and also by the Learned AO of the person other than the searched person notice under section 153A/153C of the Act was issued on 28.03.2018 directing the assessee to file return of income within 15 days from the date of receipt of the said notice. However, since nothing was....

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.... has been contended by the Learned AR though admittedly, the Assessing Officer was of the knowledge that the assessee's name has been struck off by the role of ROC in spite of the same, assessment order was finalized on 26.12.2018 in the name of KCJ Buildtech Pvt. Ltd. Such contention made by the Learned AR has not been able to controverted by the Learned DR. 9. We have heard the respective parties and also perused the relevant materials available on record including the orders passed by authorities below. We have further considered the fact of striking of by the ROC on 16.01.2016 which is appearing at page 1 filed by the assessee on 03.08.2023. It is an admitted position that though the initiation of the proceeding was made by issuance ....

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..... AALCS5794H 13. Shivij Garments Pvt. Ltd. AALCS3760M 14. Sunshine Inn Pvt. Ltd. AAACS2056D 15. Yunan Sales Pvt Ltd. AAACY2963R 16. Zeus Inpex Pvt. Ltd. AAACZ3569Q 17. Shivangi Garments Pvt. Ltd. AALCS3265J 18. Kanu Peripherals Pvt. Ltd. AADCK3958P 19. New Era Tradeexpo Pvt. Ltd. AACCN8169N 20. Sapphire Polyvinyl Pvt. Ltd. AARCS2813D 21. Jay Enn Infotech Pvt. Ltd. AAACJ9991N 10. In the light of the above facts, it is crystal clear that the knowledge of the sticking of the name of the assessee from ROC was with Assessing Officer as on 19.12.2018 being the date of assessment order in respect of the other assessee which under any circumstances cannot be deni....