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TMI Blog2019 (2) TMI 630X X X X Extracts X X X X X X X X Extracts X X X X ..... against the assessee under section 153C of the Income Tax Act. It is a general satisfaction recorded, therefore, A.O. was not justified in proceeding against the assessee under section 153C of the I.T. Act, 1961. - Decided in favour of assessee - ITA.No.2497, 2498 And 2499/Del./2015 - - - Dated:- 6-2-2019 - Shri Bhavnesh Saini, J.M. And Shri O.P. Kant, A.M. For the Assessee : Shri Gautam Jain, Shri Piyush Kamal And Shri Lalit Mohan, Advocates. For the Revenue : Shri S.S. Rana, CIT-D.R. ORDER PER BHAVNESH SAINI, J.M. All the appeals by the assessee are directed against the common Order of the Learned CIT(A)-XXVI, New Delhi, Dated 19.03.2015, for the A.Ys.2006-2007, 2007- 2008 and 2008-2009. 2. Briefly, the fac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5,66,274/- ₹ 63,09,391/- and ₹ 37,36,240/- respectively. The A.O. after considering the explanation of assessee-company made these additions in the assessment orders passed under section 153C of the Income Tax Act, 1961. 3. The assessee-company challenged the assessment orders before Learned CIT(A). The assessee-company challenged the assumption of jurisdiction by the A.O. under section 153C of the Income Tax Act as well as additions on merit. However, the appeals of the assessee were dismissed. The assessee in the present appeals challenged the assumption of jurisdiction by the A.O. under section 153C of the Income Tax Act as well as additions on merits. 4. We have heard the Learned Representatives of both the parties ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Realtors Pvt. Ltd., PAN: AAACW5637Q. After examining the contents of these documents I am satisfied that proceedings u/s 153C read with Section 153A of the Act are required to be initiated in this case. Accordingly, notices u/s. 153C read with section 153A of the Act are being issued for the assessments years 2006-2007 to 2011-12. Sd/-xxx Asstt. Commissioner of Income Tax, Central Circle-21, E-2, ARA Centre, Jhandewalan Extn., New Delhi 55. 6. Learned Counsel for the Assessee referring to the said satisfaction note submitted that incriminating material found was, balance sheet and profit and loss account as on 31st March 2010 along with schedule and audit report which do not related to the assessment years under a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Assessing Officer issued a notice under section 153C on the assessee and assessed the income. The Tribunal set aside the assessments. On appeals to the High Court: Held, dismissing the appeals, that the reasons assigned by the Assessing Officer in the satisfaction note were silent about the assessment year in which specific incriminating information or unaccounted or undisclosed hidden information was discovered or seized by the Revenue from the assessee. In the circumstances, the general satisfaction and as recorded in the note was not enough. There was absolutely nothing to indicate as to in which educational courses, the education was imparted and institution wise, whether the admissions were granted to the technical courses merit- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rs the assessment was under section 153C of the Act. The assessment order was set aside only in respect of four of those assessment years and on a technical ground. The objection pertaining to the four assessment years in question did not relate to the other tax assessment years, namely, 2004-05 and 2005-06. Nor did this decision have a bearing in respect of assessment for assessment year 1999-2000 or assessment year 2006-07. The necessary consequence would be that the conclusions of the Assessing Officer in his assessment order regarding the activities of the trust not being genuine and not carried out in accordance with the trust deed or cancellation of registration, denial of benefits of sections 11 and 12 would not be affected by t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... against the assessee under section 153C of the Income Tax Act. It is a general satisfaction recorded, therefore, A.O. was not justified in proceeding against the assessee under section 153C of the I.T. Act, 1961. The issue is covered by the aforesaid Judgments. In view of the above, we are of the view that A.O. was not justified in assuming jurisdiction under section 153C of the Income Tax Act, 1961 so as to proceed against him. We, accordingly, set aside the Orders of the authorities below and quash the proceedings under section 153C of the Income Tax Act. Resultantly, all additions stands deleted. Appeals of the assessee are allowed. 9. In the result of appeals of assessee are allowed Order pronounced in the open Court. - - TaxT ..... X X X X Extracts X X X X X X X X Extracts X X X X
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