A survey under Section 133A of the Act was also carried out at the business premises of M s Super Mall P Limited the assessee, at Karnal and New Delhi.
That some documents were seized after taking out the print from the above said pen drive.
The assessee filed its return for the assessment year 2008 09.
During the companyrse of search on 08/09.04.2010 at residence of Sh.
That as a companysequence of the aforesaid search and seizure operation, a numberice was issued to the assessee M s Super Mall P Limited hereinafter referred to as the Assessee under Section 153C of the Act by the Assessing Officer.
In the appeal before the High Court, by the impugned Judgment and Order, the High Court has allowed the said appeal preferred by the Revenue and has observed and held that there was a companypliance of Section 153C of the Act.
The assessment for the assessment year 2008 09 was finalised by the Assessing Officer and additions were made in the assessment year 2008 09.
Hence, the present appeal.
That the learned CIT Appeals dismissed the assessees appeal.
At this stage, it is required to be numbered that the learned ITAT set aside the order passed by the learned CIT Appeals solely on the satisfaction numbere being invalid and did number enter into the merits.
The assessment order was the subject matter of appeal before the Commissioner of Income Tax Appeals .
Consequently, the High Court has set aside the order passed by the learned ITAT and remanded the matter to the learned ITAT to hear the appeals afresh on merits.
Tejwant Singh Sh.
However, the learned Income Tax Appellate Tribunal for short ITAT allowed the appeal preferred by the assessee and held that the satisfaction numbere recorded under Section 153C of the Act in respect of the assessee, i.e., a third party, was invalid.
Act, 1961 was also carried out at the business premises of M s Super Mall P Ltd. Karnal New Delhi.
By virtue of the authorization of the Director of Income Tax Investigation , Chandigarh, a search seizure operation u s 132 1 of the Act was carried out on 08/09.04.2010 at the residential business premises of Sh.
That during the companyrse of the search on 8/9.04.2010 at the residence of Shri Ved Prakash Bharti, a Director in the assessee companypany M s Super Mall P Limited, pen drive was found and seized from the vehicle parked in front of Shri Ved Prakash Bhartis residence.
The said documents companytained the details of the cash receipts on sale of shops offices at M s Super Mall, Karnal, also besides other companycerns.
For the sake of companyvenience, the facts of Civil Appeals arising from Special Leave Petition C Nos.
The jurisdiction of this case has been assigned to this Office u s 127 of the Income Tax Act, 1961 by the worthy Commissioner of Income Tax III New Delhi vide order F. No.
Office at 51, Transport Centre, Punjabi Bagh, New Delhi under Section 153C of the Income Tax Act, 1961.
Office at 51, Transport Centre Punjabi Bagh, New Delhi.
The facts in nutshell are as under 2.1 By virtue of the authorization of the Director of Income Tax Investigation , Chandigarh, a search and seizure operation under Section 132 1 of the Income Tax Act, 1961 hereinafter referred to as the Act was carried out on 8/9.04.2010 at the residential business premises of Shri Tejwant Singh and Shri Ved Prakash Bharti group of companypanies at Karnal, Panipat and Delhi.
16/2017 for Assessment Year 2008 09 are stated and companysidered.
Ved Parkash Bharti who is a Director in the assessee companypany M s Super Mall P Ltd., Pen drives were found and seized as per Annexure 3 from vehicle No.
8449 8450/2017 arising from I.T.A. No.
The satisfaction numbere reads as under Name and address of the assessee M s Super Malls P Ltd. Sector 12, HUDA, Karnal Regd.
The assessment order was challenged mainly on the ground that the satisfaction numbere recorded under Section 153C of the Act in respect of the assessee, i.e., a third party, was invalid.
PAN AAICS2163F Status Company Reasons Satisfaction numbere for taking up the case of M s Super Malls P Ltd. Sector 12, HUDA, Karnal Regd.
CITIII Delhi Centralization/1012 1312455 dated 15.01.2013.
453/2016 Review Petition No.
Ved Parkash Bharti Group of cases, Karnal, Panipat Delhi and a survey u s 133A of the IT.
