2026 (6) TMI 220

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.... DR ORDER PER M. BALAGANESH, A. M.: 1. The appeals in ITA Nos. 1500, 1501 and 1502/Del/2025 for AYs 2018-19 to 2020-21, arise out of the order of the ld Commissioner of Income Tax (Appeals)-30, New Delhi [hereinafter referred to as 'ld. CIT(A)', in short] dated 13.12.2024 against the order of assessment passed u/s 153C r.w.s. 143(3) of the Income-tax Act, 1961 (hereinafter referred to as ....

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....found to be belonging to the assessee. The satisfaction note was prepared after examining the contents of the seized documents both by the AO of the searched person as well as by the ld AO of the assessee for initiation of proceedings u/s 153C of the act in the hands of the assessee herein. Satisfaction note in case of the assessee was recorded and notice u/s 153C of the Act stood issued to the as....

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....ent is a pre condition for initiating proceedings u/s 153C of the Act on the assessee as held by the Hon'ble Jurisdictional Delhi High Court in the case of Saksham Commodities Limited Vs. ITO reported in 464 ITR 1. 5. Respectfully following the said decision, we have no hesitation to hold that the very assumption of jurisdiction u/s 153C of the Act by the ld AO is flawed in the facts and circum....