2025 (11) TMI 273

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....30.12.2022 of the Learned Assessing Officer/Deputy Commissioner of Income Tax, Central Circle-31, New Delhi (hereinafter referred as "the Ld. AO") under Sections 139(1) of the Act for assessment year 2021-22. 2. Brief facts of the case are that the assessee filed return of income under Section 139(1) of the Act declaring income of Rs. 20,48,760/-. The case was selected for scrutiny. Notice under Section 143(2) of Act dated 30.06.2022 was issued by Ward-71(3), Delhi. The case was transferred to the Ld. AO vide order under Section 127 of the Act dated 14.11.2022 by Ld. PCIT, Delhi-15. The notice under Section 142(1) of the Act dated 17.11.2022 was issued. During the course of search and seizure operation under Section 132 of the Act at the....

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.... in the cases of Ojjus Medicare Pvt. Ltd. & Jasjit Singh and ignoring the fact that these matters are currently pending adjudication in the Supreme Court. The revenue has filed SLP in the case of Ojjus Medicare Pvt. Ltd. (SLP No. 2856/2024) and review application in the case of Jasjit Singh. 4. Whether on the facts and circumstances of the case and in law, the Ld. CIT(A) was justified in holding that block periods for assessment u/s 153C of the Income-tax Act, 1961, have to be calculated from the date of receipt of the books of accounts, documents or assets seized, by the jurisdictional AO of the non-searched person, even when this interpretation is contrary to the legislative intent since for the years after the search there can n....

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....dition is already deleted, set aside the order dated 30.12.2022 of Ld. AO. 7.1 The Revenue's challenge is based on pendency of adjudication of judgements in the case of CIT vs. Jasjit Singh and Ojjus Medicare (supra) before Hon'ble Apex Court. 8. A Co-ordinate Bench in order dated 05.05.2025 in ITA No.5604/Del/2024 titled as "DCIT vs. Rajesh Craft Jewels India Pvt. Ltd" in para nos. 5 & 6 has held as under: "5. The Revenue vehemently argues in light of it's above extracted substantive grounds that the department is in the process of filing it's Special Leave Petition ("SLP") in hon'ble apex court in Ojjus Medicare Pvt. Ltd. (supra) and also a review application in Jasjit Singh (supra) case(s) hereinabove. We are of the consid....