2025 (4) TMI 1932

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....h. Shailesh Gupta, CA, Sh. Madur Agarwal, Adv. For the Department : Sh. Sunil Kumar Yadav, Sr. DR ORDER PER SATBEER SINGH GODARA, JM These assessee's twin appeals ITA Nos. 665 & 666/Del/2024 for assessment years 2012-13 and 2013-14 arise against the Commissioner of Income Tax (Appeals)-28 [in short, the "CIT(A)"], New Delhi's as many orders dated 22.12.2023 and 29.12.2023 passed in cas....

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....and 2nd proviso and section 153C 1st proviso that "the reference to .......... such other person". The assessee thereafter quotes case law CIT Vs. RRJ Securities Ltd. (2016) 380 ITR 612 (Del), PCIT Vs. Ojjus Medicare (P) Ltd., (2024) 465 ITR 101 (Del) and CIT Vs. Jasjit Singh (2024) 465 ITR 101 (SC) that their lordships have already settled the issue that date of initiation of search in such an in....

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....in dated 05.10.2017 was conducted much after the above statutory amendment. The Revenue's case in light thereof is that we ought to uphold the impugned section 153C assessment in very terms. 6. We find no reason to accept the Revenue's foregoing contention. This is for the precise reason that the hon'ble jurisdictional high court's latest decision in PCIT Vs. Ojjus Medicare (P) Ltd. (supra) has....

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....cuments belongs to the assessee, whereas the legislative amendment in section 153C(1)(b) of the Act stipulates that such a seized material could only "pertain" or "relate to" a third party since the corresponding connotation "belongs to" gets attracted only in case of "money, bullion, jewellery etc. This tribunal's latest "Third Member" order in IT(SS)A Nos. 119 & 120/Pune/2022, Prashant Premchand....