2025 (6) TMI 75

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....pellate Authority or 'the Ld. FAA', for short) in Appeal No.148/14-15/CIT(A)-29 arising out of the appeal before it against the order dated 16.06.2014 passed u/s 143(3) of the Income Tax Act, 1961 (hereinafter referred as 'the Act') by the DCIT, Central Circle-25, New Delhi (hereinafter referred to as the Ld. AO). ITA No.3832/Del/2023 is an appeal preferred by the assessee against the order dated 27.10.2023 of the FAA in Appeal No.CIT(A), Delhi-29-10001/2018-19 arising out of the appeal before it against the penalty order dated 29.03.2018 passed by the AO. 2. On hearing both the sides, we find that from one Shri Vidhan Jain, one of the employees of the assessee at Indira Gandhi International Airport, on 02.11.2012 while he was travelling....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ssment years will be examined with reference to such date." 3.1 Further the Hon'ble Delhi High Court, PCIT Vs Karina Airlines International Ltd((2024) 165 Taxmann.com 421 (Delhi) has held that the date of recording of the satisfaction in the case of the non-searched person qua the searched person becomes date of search in the case of other person [the assessee in the present case] as follows:- "20. It thus becomes apparent that it is the satisfaction arrived at under Section 153C which constitutes the cornerstone of that provision and the primary ingredient for Section 153C being set into motion. In our considered opinion, the actual or physical act of transmission of documents is merely a step in aid of formation of opinion....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....r will become AY 2014-15. Consequently, with regard to assessment year in hand, AY 2013-14, the assessment should have been completed u/s 153C of the Act and not u/s 143(2) of the Act. 5. We find that the assessment order have been passed u/s 143(3) of the Act. Further, in the assessment order, there is no mention as to when the notice u/s 153C was issued. At the time of final hearing, the ld. DR had called for the records and the same shows no notice u/s 153C of the Act was issued. At the same time, in the assessment order, it is mentioned that notice u/s 143(2) was issued on 23rd January, 2014. Further, we find that though in the title of the assessment order it is mentioned that the assessment order has been passed u/s 143(3) of the A....