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Judgment
PER SATBEER SINGH GODARA, JM
This assessee’s appeal for assessment year 2014-15, arises against the Commissioner of Income Tax (Appeals)-25 [in short, the “CIT(A)”], New Delhi’s order dated 15.04.2025 passed in case no. 10724/2013-14, involving proceedings under section 153C of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’).
Heard both the parties. Case file perused.
It emerges during the course of hearing that the assessee’s instant appeal raises the first and foremost issue of validity of the impugned section 153C r.w.s. 143(3) assessment itself framed by the learned Assessing Officer on 20.02.2024. There is hardly any dispute between the parties that the learned Assessing Officer had issued section 153C notice to the assessee on 15.11.2022; and, therefore, going by the first proviso under sub-section (1) thereto, the date of search herein happens to that of issuance of the very notice itself.
That being the case, the Revenue could not dispute the clinching fact that once the impugned assessment year 2014-15 is beyond the period of six assessment years from the above date of search applicable in the assessee’s case, there ought to be a specific satisfaction of its income to be assessed as Rs.50 lakhs or more in light of PCIT Vs. Ojjus Medicare (P) Ltd., (2024) 465 ITR 101 (Del). We wish to reiterate here that all what the learned Assessing Officer had done was to determine the assessee’s total income of Rs. 37,77,872/- as against declared income in the return filed under section 139(1) of Rs.37,08,940/- herein. We thus reject the Revenue’s vehement submissions supporting the impugned assessment to quash the same in very terms.
All remaining pleadings between the parties stand rendered academic.
This assessee’s appeal is allowed.