TaxTMI 
TaxTMI 
2025 (7) TMI 295
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....assed by Ld. AO u/s 143(3). Ld. AO having initiated the proceedings u/s 153C which is evident from the following facts but the Ld. AO has erred in not mentioning section 153C in and on the assessment order: (a) Satisfaction in terms of section 153C was recorded by Ld. AO for the AO for the AY 2015-16 to AY 2021-22. (b) Notices u/s 153C were issued for other AYs i.e. 2015-16 to AY 2020-2021. (c) Approval u/s 153D for passing the impugned assessment order was taken by Ld. AO. 3. That in any case and in any view of the matter, action of Ld. CIT(A) in confirming the action of Ld. AO in framing the impugned assessment order u/s 143(3) is bad in law inter alia for the reasons: a) Because the notice u/s 143(2) dated 30.06.2022 and the assessment proceeding u/s 143(3) initiated vide notice u/s 143(2) dated 30.06.2022 got abated/came to an end in terms of the second proviso to section 153A(1) r.w.s. 153C(1). b) Because the impugned assessment order u/s 143(3) was passed after taking approval from Addi. CIT which means interference in quasi-judicial function of Ld. AO. 4. In any view of the matter, action of Ld. CIT(A) in confirm....
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....e have heard the rival submissions and perused the materials available on record. For the assessment year 2021-22, the assessee had filed his return of income showing income under the head 'income from salary', 'income from house property', 'income from capital gains' and 'income from other sources'. It was submitted that the assessee was not doing any business during the year under consideration and hence no books of accounts were required to be maintained by the assessee. The return of income for the assessment year 2021-22 was filed by the assessee on 30-12-2021 declaring total income of Rs 17,03,960/-. The Learned AO observed in Para 3 of the assessment order that a search and seizure operation under section 132 of the Act was carried out at the premises of Shri Parveen K Jain / M/s Jainco Ltd on 6-1-2021 wherein mobile phone of Shri Vaibhav Jain was seized. On perusal of WhatsApp chats of Shri Vaibhav Jain with Asyush Jain, it was observed that there was an image of agreement to sell relating to sale of property at D-60, Preet Vihar, Delhi-110092 was found. On perusal of the said image, it was observed that total sale consideration of the p....
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.... person was declared void ab initio as under:- a) Decision of Delhi Tribunal in the case of Raja Varshney vs DCIT Central Circle 31, New Delhi in ITA No. 1459/Del/2024 dated 26-9-2024 for Assessment Year 2021-22 wherein it was held as under:- "13. From the above discussion the date of recording of the satisfaction will be the deemed date for the possession of the seized documents which is 03-10-2022 and six years would be reckoned from this date. The submission made by Ld AR is tenable that the assessment year relevant for previous year in which search was conducted in the case of the assessee will be AY 2023-24 and six years immediately preceding the assessment year relevant for u/s 153C of the Act will be AY 2018-19 to 2022-23. The assessment for AY 2021-22 should have been carried out by issuing notice u/s 153C of the Act and not u/s 143(2) of the Act. Therefore the assessment order dated 29-12-22 passed u/s 143(3) of the Act is bad in law and liable to be quashed and quashed accordingly. The additional grounds filed by the assessee are allowed. " b) Decision of Delhi Tribunal in the case of Mukul Rani Thakur vs DCIT Central Circle 31, New Delhi in ITA....
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....ubmission of the assessee and failed to produce any justifiable explanation to compel us to take a different view. In this regard, we gainfully reproduced the satisfaction note drawn by DCIT Central Circle 31, New Delhi dated 27.09.2022. The same is reproduced as under:- 6. Further, we also refer to the order u/s 7(1) of the Right to Information Act, 2005. The relevant part of this order is reproduced as under:- Sl. No. Information sought Reply To furnish the following information for research purposes a. Whether any Notice u/s 153C was issued for AY 2021-22 and if yes, please provide certified copy of such approval No notice u/s 153C of the Act was issued as the assessment in the instant case was completed u/s 143(3) of the Act. b. Whether any approval u/s 153D was taken for AY 2021-22 and if yes, please provide certified copy of such approval No approval u/s 153D of the Act was taken as the assessment in the instant case was completed u/s 143(3) of the Act. c. Also provide certified copy of order sheet entries Copy of the same is enclosed as Annexure-1. 7. We fail to understand that when the Assessing Off....