2025 (3) TMI 1930

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....l before it against the order dated 31.12.2018 passed u/s 153C/143(3) of the Income Tax Act, 1961 (hereinafter referred as 'the Act') by the DCIT, Central Circle-1, Noida (hereinafter referred to as the Ld. AO). 2. On hearing both the sides, it came up that the assessee has filed additional grounds which are reproduced below:- "The following ground of appeal is independent of, and without prejudice to, the original grounds of appeal - 1. The appellants contend that the notice issued under section 153C is ab initio void inasmuch as the jurisdictional conditions for the issue of the said notice have not been complied with and consequently, the assessment framed is bad in law and needs to be quashed. The appellant....

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....ritten comments vide order sheet entry dated 12/09/2024. However, the AO has ignored the directions and, has not complied which is viewed seriously. The AO is accordingly cautioned and directed to provide factual report in writing by the next date of hearing. The Copy of approval obtained u/s 153D should also be furnished. The matter is thus de-heard and shall be listed for hearing in regular course on 04/03/2025." 5. The ld. DR has filed a report today as received from the ld.AO wherein the AO has specifically admitted that there is no copy of satisfaction note recorded u/s 153C of the Act available with the office of the AO and the case records already submitted may be referred for the same. 6. At the same time, the copy of approval....

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....s and group companies were covered under the search. Allegedly, incriminating documents were found from the corporate office of M/s County Infrastructure Pvt. Ltd., M/s ABA Builders Pvt. Ltd. and M/s IV County Pvt. Ltd. on the basis of which Amit Modi, Director had admitted undisclosed income in the hands of the Directors and companies including Rs. 1.5 crores in the hands of the assessee. As these papers/documents were found pertaining to the assessee and the cases were centralized and the AO records in assessment orders as follows:- "3. Considering the above facts, it was believed that it is a fit case for initiation of proceedings u/s 153C of IT Act for proper deep investigation and to plug the leaked revenue. A proper satisfact....