Vidhya Devi v. DCIT - Taxpublishers.in

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The Tax Publishers2024 TaxPub(DT) 1036 (Del-Trib) IN THE ITAT DELHI BENCH SAKTIJIT DEY, V.P. & M. BALAGANESH, A.M. Vidhya Devi v. DCIT ITA No. 8198/DEL/2018 22 February, 2024 Appellant by: Rakesh Gupta, Advocate, Sh. Somil Agarwal, Advocate, Sh. Deepesh Garg, Advocate Respondent by: Daya Inder Singh Sidhu, CIT DR ORDER *Saktijit Dey, V.P.* This is an appeal by the assessee arising out of order dated 23-10-2018 of learned Commissioner of Income Tax (Appeals) 4 (for short CIT(A)), Kanpur for the assessment year 2012-13. 2. Though, the assessee has raised multiple grounds both on jurisdictional issue as well as on merits, however, at the very outset we proceed to decide the jurisdictional issue raised in ground No.1, as it goes to the root of the matter. 3. In ground No.1 the assessee has challenged the validity of assumption of jurisdiction under section 153C of the Act and has further challenged the additions on the ground that they are not based on any incriminating material. 4. Briefly, the facts are, based on a search and seizure operation conducted under section 132 of the Act in case of third parties proceeding under section 153C were initiated in case of the assessee. Ultimately, the Assessing Officer (AO) completed the assessment under section 153C read with section 143 (3) of the Act making the following additions:- SUBSCRIBE FOR FULL CONTENT

The Tax Publishers2024 TaxPub(DT) 1036 (Del-Trib)

IN THE ITAT DELHI BENCH

SAKTIJIT DEY, V.P. & M. BALAGANESH, A.M.

Vidhya Devi v. DCIT

ITA No. 8198/DEL/2018

22 February, 2024

Appellant by: Rakesh Gupta, Advocate, Sh. Somil Agarwal, Advocate, Sh. Deepesh Garg, Advocate

Respondent by: Daya Inder Singh Sidhu, CIT DR

ORDER

Saktijit Dey, V.P.

This is an appeal by the assessee arising out of order dated 23-10-2018 of learned Commissioner of Income Tax (Appeals) 4 (for short CIT(A)), Kanpur for the assessment year 2012-13.

2. Though, the assessee has raised multiple grounds both on jurisdictional issue as well as on merits, however, at the very outset we proceed to decide the jurisdictional issue raised in ground No.1, as it goes to the root of the matter.

3. In ground No.1 the assessee has challenged the validity of assumption of jurisdiction under section 153C of the Act and has further challenged the additions on the ground that they are not based on any incriminating material.

4. Briefly, the facts are, based on a search and seizure operation conducted under section 132 of the Act in case of third parties proceeding under section 153C were initiated in case of the assessee. Ultimately, the Assessing Officer (AO) completed the assessment under section 153C read with section 143 (3) of the Act making the following additions:-